MERWANJEE F DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question that falls for consideration before us is whether the State Government has a right to prefer an appeal against the order of the Competent Authority under the Bombay Government Premises (Eviction) Act, 1955, hereinafter referred to as the Act.

(2.) The relevant facts necessary to appreciate the point may be taken from Writ Petition No. 1080 of 1955. In that case the plot of land belonging to the State Government bearing C.S. No. IA-1/241 of Byculla Division, Bombay was leased out to the petitioner Company, and was in their occupation since 1960. Since the Government wanted the plot for a public purpose, the Competent Authority issued a show cause notice to the petitioner under sub-section (2) of section 4 of the Act on 26th November, 1979. After hearing the petitioner, the authority came to the conclusion among other things that the plot was not needed for the public purpose and dropped the proceedings by its order of December 15, 1980. Against the said order the State Government preferred an appeal purported to be under section 7 of the Act to the Principal Judge of the City Civil Court, Bombay. A preliminary objection was raised by the petitioner to the maintainability of the appeal. That objection was overruled by the learned judge by the decision dated December 3, 1982 impugned in this petition.

(3.) Before we refer to the relevant provisions of the Act, we may usefully refer to the Statement of Objects and Reasons of the enactment which reads as follows :