The Bombay High Court, in a judgment delivered by Justice N.J. Jamadar dismissed two writ petitions challenging eviction orders concerning premises at Chhatrapati Shivaji Maharaj Terminus (CSMT), Mumbai.
The petition was filed by a Partner of M/s Stuti Enterprises, who was running business under a conducting agreement with the Central Railway Employees Consumer Co-operative Society. The Court held that the conductor had no independent right to occupy the premises, as his arrangement was only through the Society, which itself had been wound up and placed under liquidation. It noted that there was no privity of contract between the petitioner and the Railways, and the conducting agreements did not bind the Railway administration.
Rejecting arguments of defective show-cause notices, lack of jurisdiction under the Public Premises Act, and allegations of bias, the Court ruled that the petitioner’s possession was wholly unauthorized after expiry of the conducting agreements. It further relied on the Supreme Court’s decision in Naresh Kumar v. Addl. District Judge, Varanasi, AIR Online 1995 SC 812 to hold that Railway premises fall within the scope of “public premises” under Section 2(e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
The companion petition filed by the Union of India challenging reduction of damages by the City Civil Court, was also dismissed. The High Court found no reason to interfere with the lower court’s assessment of valuation reports and noted that a settlement had been reached between the Railway administration and the Society regarding damages.
Accordingly, both petitions were dismissed, though interim relief protecting possession was extended for four weeks, subject to an undertaking by the petitioner not to create third-party rights.
Appearances:
Mr. V.Y.Sanglikar with Mr. Hetal Patel, Mr. Suraj Shetye, Mr. Hemanshu Vyas,
Mr. Chetan Shah i/by Hetal Patel for Petitioner in WP No.6821 of 2022 and for
Respondent No.2 in WP No.2215 of 2024.
Mr. R.V.Govilkar, Sr. Advocate with Mr. T.J.Pandian, Mr. Gautam Modanwal,
Mr. Noor Jahan, Ms. Prajakta Joshi, Mr. Ankit Ojha i/by Mr. R.P.Ojha, for
Respondent Nos.1 and 2 in WP No.6821 of 2022 and for Petitioner in WP
No.2215 of 2024 and for Applicant in IA No.8021 of 2024
