Point of Law : In the absence of contrary indication in the statue, the procedural fairness is an implied mandatory requirement to protect an arbitrary action where the statute provides wide power coupled with wide discretion on the authority.

JUDGMENT :

1. The group of petitions filed under Article 227 of the Constitution of India pose challenge to an order dated 13/10/2021 passed by the City Civil Court at Bombay in distinct miscellaneous appeals filed under Section 105F of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “the MMC Act”. By the said order, the miscellaneous appeals filed by various petitioners assailing the legality, validity and propriety of the order dated 09/02/2018 passed by Respondent No.2 i.e. the Enquiry Officer on issuance of notice under Section 105-B of the MMC Act were dismissed.

2. On listing of group of petitions, the respective counsel submit that they would argue the petitions finally at the stage of admission and they were directed to place on record the compilation of documents in support of their stand and on compliance, the petitions are taken up for final hearing at the stage of admission. Hence, Rule. Rule made returnable forthwith, with the consent of the parties.

I have heard learned counsel Mr. Rohan Cama, learned counsel for the petitioners along with Mr. Anish Karande. I have also heard Mr. Joel Carlos along with Mr. Om Suryawanshi for the MCGM. Ms. Pratibha A. Sankhe, Estate Officer, P to R Wards is also present in the court during the hearing.

3. From the list of dates placed on record by learned counsel Mr. Cama, the events involved can be traced back to early 1960s when respondent No.1 – Municipal Corporation of Greater Mumbai (hereinafter referred to as “the MCGM” or “the Corporation”) acquired certain parcels of land in the suburbs of Mumbai city and embarked upon the development schemes for housing to be provided to the affected/dishoused persons and the tenements came be constructed from the Improvement Trust Budget for housing the public and for housing municipal employees on ownership basis.

As the project affected persons were reluctant to accept the allotment, the land was not suitable, the employees of the Corporation, who were willing to be accommodated in such places, were given the tenements on leave and licence basis. From here, there is a variance in the contention of respective counsel appearing for the parties as the claim of Mr. Cama is to the effect that the accommodation was provided with an assurance and understanding that at a later point of time, the premises would be allotted to them on ownership basis whereas, learned counsel for MCGM deny the same and the stand of the Corporation is that it decided to allot residential accommodation to its employees to cater to their need for housing and since it was only available to them on the basis of tenancy during their period of service with the Corporation and on their retirement, they were duty bound to vacate the said premises.

4. The stand of the Corporation is that the allotment made to the employees was in the form of ‘staff quarters’; with no right, title and interest accruing to the employees. The submission of learned counsel for the Corporation is to the effect that after the members/ex-employees ceased to be in service of the Corporation, on retirement or otherwise, they ought to have handed over the tenements to the Corporation in view of the acute shortage of housing accommodation to the existing serving employees and, therefore, the claim of the petitioners is resisted by the Corporation on the ground that the premsies allotted to them are in the form of a municipal accommodation/staff quarters and they cannot claim any vested right to occupy them, since their right is restricted to their employment with the Corporation and once it has come to an end, co-extensively the right to occupy the said premises shall also come to an end.

5. Amidst these respective stands, learned counsel Mr. Cama would submit that at some point of time, there were some steps taken to convert the allotted residential accommodation on leave and l