But at the instance of appellant number 3 he was also subsequently joined as a party, to the proceeding.
The Maharashtra Vacant Lands Prohibition of Unauthorised Occupation and Summary Eviction Act, 1975 hereinafter called the Act, came into force replacing an Ordinance promulgated earlier.
The Act was passed to prohibit unauthorised occupation of vacant lands in the urban areas of the State of Maharashtra and to provide for summary eviction of persons from such lands.
The Competent Authority under the Act was empowered under section 4 to evict persons from unautho rised occupation of vacant lands.
The appellants put in their written statements on the 2nd August 1975.
The application under section 145 was filed initially against appellants 1 and 2.
Appeal by Special Leave from the Judgment and Order dated 23rd/25th of March 1977 of the Bombay High Court in Criminal Revision Application No.
The Magistrate passed a preliminary order under section 145 1 of the Code on the 29th July, 1975 asking the parties to appear before him and put in their written statements.
The Act was deemed to have companye into force, in the area where the disputed property is situated on the 11th November 1975.
The appellant filed a revision in the Bombay High Court from the said older of the Magistrate but failed.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
It seems the Hotel was companystructed and is situated on a piece of vacant land in an urban area within the meaning of the Act.
The appellants forcibly dispossessed him from the Hotel on the 5th July 1975.
Thereafter the case was heard by the Magistrate from time to time.
N. Shroff for respondent No.
308 of 1977.
H. Parekh for the appellants.
Janendra Lal for respondent No.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal by special leave arising out of a proceeding under section 145 of the Code of Criminal Procedure, 1973 hereinafter called the Code, initiated at the instance of respondent number 1 for brevity, hereinafter the respondent .
The said respondent filed an application on the 29th July, 1975 against appellants 1 and 2 before the Magistrate alleging that there is a Hotel known as Suresh Maharashtra Tea Cold Drinks Eating House on the dis puted land which was owned by and in occupation of the respondent.
