SAHYADRI CENTRAL CONSUMER CO-OP WHOLESALE AND RETAIL STORES LTD Vs. CONTROLLER OF ACCOMMODATION, MUMBAI

JUDGEMENT

(1.) This Petition under Art. 226 of the Constitution of India challenges an Order dated 9 Jan. 2014 passed by the "Principal Secretary/Appellate Authority" of the General Administration Department, Mantralaya, Mumbai, whereby an appeal filed by the petitioner against the Order dated 26 Feb. 2013 passed by the Controller of Accommodation under Sec. 8C(1) of the Bombay Land Requisition Act, 1948 stands dismissed. The consequence of the impugned order is that the petitioner who is an allottee of the Government requisitioned premises would be required to vacate the requisitioned premises.

(2.) The factual antecedents are as under :-

(3.) The averments as made in the writ petition indicate that for quite some time there were issues on the petitioner remaining a defaulter in payment of the monthly rent. The Petitioner has referred to notices dated 28 July 1969 and 9 Dec. 1969, of the competent authority by which the Petitioner was called upon to make payment of rent, failing which an eviction action would be initiated against the petitioner. The Petitioner has also referred to a notice dated 20 June 1970 under which enhanced compensation was called upon to be paid by the Petitioner as also to a subsequent notice dated 21 Aug. 1970 for repayment of repair cess from Jan. 1970. The petitioner also refers to a notice dated 10 Sept. 1971 whereby the petitioner was called upon to pay compensation from 1 July 1971, failing which eviction proceedings will be initiated.