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J. B. PARDIWALA, R. MAHADEVAN
Neha Chandrakant Shroff – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Leave granted.
2. This appeal arises from the impugned judgment passed by the High Court of Judicature at Bombay dated 30th April, 2024 in Writ Petition No.2135 of 2009 by which the Writ Petition filed by the appellants herein against the State of Maharashtra and Others came to be rejected. The impugned judgment dated 30th April, 2024 reads thus:-
2. It is the case of the petitioners, as pleaded in the writ petition, that in or about the year 1940, the aforesaid two flats were permitted to be temporarily occupied by the Police Department at their request so as to meet the requiremen
The absence of a written requisition or lease agreement invalidates the claim of the Police Department to retain possession of the property, necessitating restoration to the original owners.
The absence of a written requisition for property possession negates claims of unlawful retention, necessitating statutory remedies for resolution.
The court ruled that individuals with prior eviction orders cannot claim deemed tenancy under the Rent Act, 1999, emphasizing the necessity of legal occupation for such status.
Writ petition involving pure questions of fact is not maintainable.
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
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