RASHEED A MASKATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by the owner-landlord of the premises situated at Rashid Mansion , Colaba, Bombay-400 005 and numbered as Flat No. A/2. The petitioners have mainly sought the relief of declaration that the requisition order dated 30th November, 1949 and the consequent allotment order dated 30th november, 1949 have ceased to be valid and binding since the requisition has continued for 30 years and more. The petitioners also seek delivery of actual possession of the premises from respondents nos. 1, 2 and 3. It may be stated that respondent no. 3 claims to be heir of original allottee.

(2.) ONE Dr. N. A. Contractor was allottee after the premises were requisitioned by the Government. He is said to have expired on 12th of March, 1967. It is a matter of record that on 11th of July, 1977, by an order passed by respondent No. 2, Keki pirojshah Bulsasra husband of the present respondent No. 3, was directed to vacate the flat. By an order of 7th of August, 1978, the Inspector from the office of the Controller of Accommodation was authorised to take actual possession of the said flat. A Miscellaneous Petition was filed in this Court being Miscellaneous Petition No. 1149 of 1978 squarely and solely based on the policy adopted by the Government not to disturb the occupation of the heirs of original allottee. In the said petition, the owner - Trust was not joined as party respondent. This Court, on the basis of policy then existing, allowed the petition and quashed the order of possession which was issued by respondent No. 2.

(3.) ON 18th of January, 1989 and 11th of July, 1989, the petitioners had requested the Government to derequisition the flat since they have continued for impermissible period under requisition. Since the Government did not take any action, the present petition was filed on 3rd of january, 1990.