JUDGMENT :

1. These are the group of petitions preferred under Articles 226 and 227 of the Constitution of India challenging the judgment and decree which are identical questions of facts and law and are, therefore, being decided by this common judgment and order.

2. The facts are drawn from Special Civil Application No. 22942 of 2006 as the set of petitions has been preferred by the Board of Trustees of Port of Kandla, whereas the respondent has preferred Special Civil Application No. 4237 of 2017 and has sought the relief of regularization of breach by preferring two petitions being Special Civil Application No. 4237 of 2017 and Special Civil Application No. 4236 of 2017 and various Civil Applications. The facts, therefore, are drawn from Special Civil Application No. 4237 of 2017.

3. Challenge is to the judgment, order and decree dated 06.02.2006 passed by learned Joint District Judge, Gandhidham-Kachchh in Regular Civil Appeal No.56 of 2005, as the Appellate Court, under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as “the Act’), by which the Court has allowed the appeal filed by the respondent and quashed and set aside t