GHANSHYAM RAJ NARAYAN DUBEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel -Shri Gupte for petitioner; Smt. Tahilramani, Asstt. Public Prosecutor for the State and Shri H. V. Mehta for respondent No. 7.

(2.) THIS is a petition for a writ of certiorari challenging the order of detention dated 29th May, 1985, passed against the petitioner-detenu Ghanshyam Raj Narayan Dubey by the Commissioner of Police, Greater Bombay in exercise of his powers under sub-section (1) of section 2 the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Act, 1981 (for short "m. P. D. A. " Act ). The Commissioner of Police was satisfied with regard to the said detenu that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it was necessary to make an order directing that the detenu be detained under the M. P. D. A. Act. The order of detention has not yet been executed for reasons which we will indicate below and, hence this is a petition at the pre-detention stage, prior to the service of the order on the detenu.

(3.) THE grounds of detention set out the activities of the detenu as a slumlord within the meaning of Clause (f) of section 2 of the M. P. D. A. Act, 1981. There is reference to his having unauthorisedly constructed 15 chawls on a private land, belonging to one Anwar Haji Ali Mohamed Aghotwala and others situated at Survey No. 232 and City Survey Nos. 1804 and 1864, Pragati Nagar, Deep Narayan Dube Road, Dahisar (East), Bombay. The grounds of detention allege that the detenu had grabbed these lands unauthorisedly and constructed chawls known as Ghanshyam Dubey chawls unauthorisedly. There are 238 rooms in the said chawls and on the basis of the in camera statements of 5 persons, the activities of the detenu as a slumlord have been set out in the grounds of detention. The substance of these five in-camera statements is that needy persons in search of accommodation in the said chawls are called upon to pay huge amount known as "pagdi" in this city (illegal premium) and in the event of a needy person refusing to pay, he is threatened with dire consequences. On the basis of the five specific instances, satisfaction is recorded that the detenu is a slumlord and that he was causing harm, alarm and danger and a feeling of insecurity amongst the section of public of the locality and in the area of Pragati Nagar, Deep Narayan Dubey Road, Dahisar (East) within the jurisdiction of Dahisar Police Station in Greater Bombay. The detenus activities are, therefore, stated to be prejudicial to the maintenance of public order in the aforesaid locality and area within the meaning of Clause (a) (i) of section 2 of the M. P. D. A. Act.