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 the order passed by the Estate Officer, Kandla Port Trust (hereinafter referred to as “the KPT’) on dated 19.12.2005 in Eviction Case No.36 of 1997 under Section 5(1) of the Act.

4. The brief facts of the present case are as under:

4.1 Petitioner No.1 is the Board constituted by the Central Government under Section 3 of the Major Port Trust Act, 1963 and is a body corporate in terms of Section 5 of the said Act. Petitioner nos.2 to 4 are its officers. Petitioner no.3 is the Estate Officer appointed under the Act. For the development of the township of Gandhidham in the registration sub-district of Anjar, Dist.: Kachchh, petitioner no.1 Board was granted long terms lease of plots for business purpose, with the approval of the Union of India. The plot in question is being Plot No.92 in Sector-8 was allotted to M/s. Batliboi and Co.Pvt. Ltd. originally for a period of 99 years. The lease deed executed between petitioner no.1 and M/s. Batliboi and Co.Pvt. Ltd. was dated 21.02.1967. The condition No.2 (3) of the said lease deed, obliged the lessee to complete the construction on the plot within 36 calendar months from the date of allotment, and as per the condition No.2(7) of the said lease deed, the premises leased were to be used only for business purpose and lessee was under an obligation not to do any act which may cause annoyance, disturbance or nuisance either to the lessor or its tenants in the township of Gandhidham.

4.2 It is the say of the petitioner that the original allottee M/s. Batliboi and Co.Pvt.Ltd., on obtaining prior permission from petitioner executed transfer deed in favour of the respondent on 18.10.1988, whereby, it transferred its rights and interests in the leased plot in favour of the respondent.

4.3 The transfer deed was also executed between the original lessee and the respondent on 18.10.1988 which was registered with the office of the Sub Registrar, Gandhidham on 18.10.1988, accordingly, the plot was mutated in the name of the respondent. It is the say of the petitioner that the lease deed provided for commencement and completion of construction on the plot within a period of 36 months and yet no construction was carried out. Not only that the plot was used by the respondent for dumping food-grains such as wheat, rice, soyabean extraction, etc. openly and that caused nuisance of rats, insects, flies, birds, cats, etc. endangering the health and sanitation of the people residing in the area. Moreover, storing of commodities in open during monsoon would have also caused decay of food-grains aggravating the nuisance. Therefore, a notice came to be issued upon the respondent on 11.03.1996 calling upon it to remedy the breach by completing the construction on the plot within 30 days and removing the commodities dumped/stored in the ope