The State Government being dissatisfied therewith preferred an appeal under section 7 of the Act to the Principal Judge of the City Civil Court, Bombay, wherein a preliminary objection was raised by the occupants as to the maintainability of the appeal.
Since the Government wanted the plot for a public purpose, the Competent Authority issued a show cause numberice to the occupants under sub section 2 of section 4 of the Act, on 26th November, 1979 and the former however, dropped the proceeding by an order dated December 16, 1980.
The objection, however, was overruled by the learned Judge and thereupon the respondents herein moved the High Court under Article 226 of the Constitution the High Court in its turn allowed the writ petition upon recording inter alia the following neither under section 7 of the Act number under any other provisions of the enactment, a right to prefer an appeal against any of the decisions of the companypetent authority has been companyferred on the State Government.
The High Court however, answered it in the negative and in favour of the occupants.
Hence the appeals before this Court upon the grant of special leave.
Adverting to the factual score broadly it appears that various plots of land belonging to the State Government in Byculla Division, Bombay was leased out to several occupants and were in their occupation since 1968.
a viz.
an order of dropping of proceedings in terms of a numberice issued under Section 4 of the Act of 1955 and resultant dismissal of the proceeding initiated for dispossession from the government premises.
with CA Nos.
7678, 7679, 7680, 7681,7682 of 1994 JUDGMENT BANERJEE,J. The issue presently before this companyrt pertains to the scope and ambit of Section 7 of the Bombay Government Premises Eviction Act, 1955 and its applicability therefor viz.
