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1990 Supreme(Bom) 392

S.M.DAUD
Jayantilal Dharamsi and others – Appellant
Versus
Board of Trustees of Port of Bombay – Respondent


Judgment

S.M. DAUD, J.:---These petitions under Article 226 of the Constitution take exception to the respondent's (BPT) attempt to exact rent on the basis of a document, hereinafter referred to as the `Kirloskar report'.

2. Petitioners are in occupation of plots of land belonging to the BPT and either the plots by themselves or the structures built thereon are being used for commercial or residential purposes. The plots were taken on rent from the BPT in between the years 1940 to 1950. From time to time there have been increases in the rent payable by the petitioners. Affairs of the BPT are regulated by the Major Port Trust Act, 1963 (MPT Act). The BPT's real estate, including structures, covers an area of about 720 hectares. The land owned by the BPT ranges from Colaba to Ravli junction inclusive of PIRPAU, Butcher Island, Titwala and other islands. About 306 hectares of the area are occupied by the lessees of the BPT holding leasehold rights under different tenures.

3. The BPT entertained a feeling that the real estate owned by them was not yielding as much of an income as it should. Therefore, it inserted an advertisement which was published in various newspapers including The Tim



























































































































































































































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