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2001 Supreme(Bom) 877

S.A.BOBDE, A.P.SHAH
Narayan Vittappa Kudva – Appellant
Versus
Union of India & another – Respondent


JUDGMENT - BOBDE S.A., J.:---The petitioner, who claims to be a tenant of premises forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, in short "SAFEMA", has filed the present petition challenging the order dated 15th January, 1998 passed by the respondent No. 2, the Competent Authority constituted under the SAFEMA directing the petitioner to handover the property in his possession to Competent Authority under the SAFEMA i.e. respondent No. 2 within ten days of the receipt of the order. The order has been passed on the basis that it is illegally acquired property of one Gawde.

2. The property in question is a building consisting of ground plus one floor admeasuring about 580 sq.ft. known as Ganesh Bhuvan situate on a plot or piece of land admeasuring 64.1 sq.metres. City Survey No. 1103, Plot No. 38-B, Sub-Plot No. 19, T-95, Hira Buwa Gawde Marg, (Juhu Tara Road) Juhu Koliwada, Bombay 400 049, hereinafter referred to as "the property in question".

3. The petitioner claims to be a tenant of the property in question since April, 1959. His case is that he was inducted into the premises by one Gulabbai Govind Chavan and her husband Govind R




















































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