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A. S. CHANDURKAR, JITENDRA JAIN
Snehakant Chandrakant Shroff – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(A.S. Chandurkar, J.)
1. In this writ petition, filed under Article 226 of the Constitution of India, the petitioners seek a declaration that the action on the part of the respondents in not releasing and thereafter restoring the possession of Flat Nos. 11 and 12 on the 3' floor of the building named 'Amu Bhavan', A.R. Rangnekar Marg, Opera House, Mumbai 400 007 that belong to the petitioners is unlawful, illegal and in violation of the petitioners' fundamental rights. The petitioners accordingly pray that the respondents be directed to forthwith vacate and handover peaceful possession of the aforesaid premises to them.
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 requirement of housing police officers to enable maintenance of the law and order situation. The petitioners have pleaded that there was no written contract executed between their predecessor and the Police Department. Certain amounts were paid by the Police Department to the predecessor on monthly basis and till about 31St December
The absence of a written requisition for property possession negates claims of unlawful retention, necessitating statutory remedies for resolution.
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 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.
The right to property under Article 300A cannot be infringed without due process, and unilateral actions to fix rental charges without consent are invalid.
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