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1953 Supreme(SC) 130

GHULAM HASAN, VIVIAN BOSE, B. JAGANNATHA DAS, M. PATANJALI SASTRI, S. R. DASS
Baburao Shantaram More – Appellant
Versus
Bombay Housing Board – Respondent


Advocates:
C.K.DAFTARY, G.H.RAJADHYAKSHA, J.B.DADACHAN, M.C.SETALVAD, PARAS A.MEHTA, RAJENDER NARAIN

Judgment

DAS J. : The petitioner before us is in occupation of two rooms Nos. 387 and, 388 in Barrack No. T-93 in Sion Dharavi camp in Greater Bombay. The camp consisting of several tenements was constructed and owned by the Government of India during the last World War for the use of the military. In 1948 the Government of Bombay now represented by the State of Bombay purchased the camp and entrusted the management thereof to the Bombay Provincial Housing Board --- a body constituted by a Government Resolution. In the same year the Bombay Housing Board, the respondent No. 4 (hereinafter referred to as the Board), was established by the Bombay Housing Board Act, 1948 (Act No. 69 of 1948) as a body corporate, competent to acquire & hold property. The purposes of the Act included the management and use of lands and buildings belonging to or vested in the Board. The Board is authorized to frame and execute housing schemes. Under Section 3 (3) the Board is to be deemed to be a local authority for the purposes of that Act and the Land Acquisition (Bombay) Amendment) Act, 1948. Section 54(3) provides that all assets entrusted to the Bombay Provincial Housing Board shall upon a declaration






















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