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2001 Supreme(SC) 1679

UMESH C.BANERJEE, D.P.MOHAPATRA
State Of Maharashtra – Appellant
Versus
Marwanjee P. Desai – Respondent


JUDGMENT

Banerjee. J.-The issue presently before this court pertains to the scope and ambit of Section 7 of the Bombay Government Premises (Eviction) Act, 1955 and its applicability therefor viz.-a-viz. an order of dropping of proceedings in terms of a notice issued under Section 4 of the Act of 1955 and resultant dismissal of the proceeding initiated for dispossession from the government premises. The High Court however, answered it in the negative and in favour of the occupants. Hence the appeals before this Court upon the grant of special leave.

2. Adverting to the factual score broadly it appears that various plots of land belonging to the State Government in Byculla Division, Bombay was leased out to several occupants and were in their occupation since 1968. Since the Government wanted the plot for a public purpose, the Competent Authority issued a show-cause notice to the occupants under sub-section (2) of section 4 of the Act, on 26th November, 1979 and the former however, dropped the proceeding by an order dated December 16, 1980. The State Government being dissatisfied therewith preferred an appeal under section 7 of the Act to the Principal Judge of the City Civil Cour





















































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