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2000 Supreme(Bom) 892

D.Y.CHANDRACHUD
Ashokkumar Jain & Co. – Appellant
Versus
Union of India & others AND V. N. Mittal & others – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The original writ petition being Writ Petition No. 1625 of 1993 was filed by Ashok Kumar Jain Co. through its proprietor Rampal K. Jain, in which orders dated 19th January, 1990 and 16th March, 1993 respectively passed by the competent authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and in an appeal there against were sought to be impugned. The writ petition was admitted and ad interim stay in terms of prayer Clause (c) was granted by an order dated 27th October, 1993. On 27th April, 1994, the ad-interim order was confirmed. The grievance of the petitioner in the writ petition is that though the shop which he was occupying being Shop No. 9 situated on the premises of the Central Railway at Thane was protected by the interim order passed by this Court, the shop came to be demolished on 28th July, 2000.

2. An affidavit in reply has been filed in these proceedings by Mr. Vijay Kitke, Dy. Chief Engineer (Construction) (M.T.P.), of the Central Railway. In the affidavit in reply, it has been stated that the work of demolition of shop Nos. 1 to 8, 10, 11, 13 to 15, 18, 20 and 22 was entrusted to the demolition esco









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