GOLDEN CHARIOT AIRPORT Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioners have challenged the Order in Appeal of the Principal Judge, City Civil Court at Bombay, dismissing their appeal and confirming the order passed by the Estate Officer under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (hereinafter referred to as "the Act").

(2.) The area in question is a space admeasuring 5,000 sq. ft. in front of Terminal 1-A at the Bombay Airport owned by the Airports Authority of India-the respondent No. 1. The petitioners came into possession of the premises under an Agreement entered into by the respondent No. 1 after accepting the petitioners bid. The petitioners thus obtained a Licence for establishment and running of a deluxe restaurant at the aforesaid premises. The petitioners were allowed to make a construction of semi permanent nature. On the expiry of the licence they were to take away their furniture and installation and hand over vacant possession of the premises. During the period of construction for the first 90 days a licence fee at concessional rate was to be paid. The licence itself was terminable by giving three months notice by either side. The respondent No. 1 had the right to terminate the licence in case of any breach of conditions of the licence by the petitioners.

(3.) The period fixed by the Agreement was extended by the respondent No. 1. The respondent No. 1 then called upon the petitioners to vacate the premises on or before 26th May 2000. Apparently, the petitioners did not do so and instead filed the Civil Suit in the Bombay City Civil Court where the Court granted an injunction restraining the respondent No. 1 from taking any action for eviction without following the due process of law.