JUDGMENT

R.M. Lodha, J. —

The decision in this appeal, in our opinion, turns upon the answer to the following question : is a trespasser covered by the definition of ‘occupier’ in Section 2(e)(v) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short, ‘ the 1971 Act’) and if yes, whether for his eviction from the land or building in a declared slum area, the written permission of the Competent Authority under Section 22(1)(a) of the 1971 Act is mandatorily required.

2. The aforesaid question arises in this way. The first respondent—Sitabai Balu Dhotre filed a suit for declaration, possession and permanent injunction in respect of a room admeasuring 8 x 10 ft. situate in Survey No. 1001, Wadarwadi bearing Hut No. 12/161/B/P/424, Taluka Haveli, Pune (for short, ‘subject room’) against the appellant—Laxmi Ram Pawar and the second respondent—the Executive Engineer, Shivajinagar, Sub Division, Maharashtra State Electricity Board, Pune in the Court of 10th Joint Civil Judge, Junior Division, Pune. The case set up by the first respondent was that the subject room was constructed by her in 1987; she got electricity connection in her name and has been