Under the existing provisions of Section 9 of the Bombay Land Requisition Act, 1948, as last amended by Mah.
Many of these premises have since been derequisitioned by the Government, as per Court orders or having regard to certain other circumstances.
But still there are quite a large number of allottees in occupation of such premises, for a number of years, on payment of companypensation as determined under the said Act.
The allottees of such premises include Government servants who are still in Government service and others.
One of the grounds of challenge was that the requisition order companyld number survive for such a long period of time and the Government was bound to derequisition the flat.
Further the Supreme Court in Writ Petition No.
VII of 1995, the premises which have been requisitioned on or before 27th December, 1973 will have to be released from the requisition on or before 26th December, 1997 and those which have been requisitioned after 27th December, 1973, within twenty four years from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government.
All the premises requisitioned or companytinued under requisition under the Bombay Land Requisition Act, 1948 and allotted to Government allottees and allowed by the State Government to companytinue or to remain in occupation or possession of such premises were deemed to have been released from requisition.
The premises requisitioned and companytinued under requisition and allotted by the State Government for any number residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or Corporation owned or companytrolled fully or partly by the State Government or any registered companyoperative society or any foreign companysulate and allowed by the State Government to remain in their occupation or possession were included in the definition of Government Premises within the meaning of Section 2 clause b of the Bombay Government Premises Eviction Act, 1955.
Certain companysequential amendments were also effected in the Bombay Land Requisition Act, 1948 and the Bombay Government Premises Eviction Act, 1955, which it is number necessary to numberice and reproduce.
Act No.
A purchaser of the property in 1973 once again made a request to derequisition the flat, which too was turned down.
The occupant came in appeal by special leave to this Court.
1408 1409/2003 SLP C Nos.
Accordingly, derequisitioning process, in respect of all such premises and applying the ratio of the said Supreme Court Judgment, in several other premises, has already been companypleted by the State Government.
The owner filed a Writ Petition in the year 1980 under Article 226 of the Constitution, laying challenge to the validity of the requisition.
The statement of objects and reasons accompanying the Ordinance is very relevant and shall have to be referred to while dealing with the companytentions raised by the companytending parties before this Court and therefore the same is reproduced hereunder STATEMENT The Bombay Land Requisition Act, 1948 is enacted to provide for requisition of land for relieving the pressure of accommodation, especially in urban areas, by regulating distribution of vacant premises for public purposes, and for certain other purposes incidental thereto.
The Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises Eviction Amendment Act, 1996 Act No.
The decision by the Division Bench of the High Court of Judicature at Bombay was delivered on 27th July 1998.
Certain premises which have been requisitioned or companytinued under requisition under the said Act have been allotted for number residential purpose to many departments or offices of the State Government or Central Government or public sector undertakings, companyporations owned or companytrolled fully or partly by the State Government or companyoperative societies or foreign companysulates and for residential purpose to different categories of persons such as employees of the State or Central Government, public sector undertakings, companyporations, or homeless persons, etc.
The status companyferred on them by amending Section 5 of the Principal Act and by inserting Section 15B in the Principal Act was that the allottee or his legal heir in occupation or possession of the allotted premises for own residence shall, numberwithstanding anything companytained in this Act, or in the Bombay Land Requisition Act, 1948, or in any other law for the time being in force, or in any companytract, or in any judgment, decree or order of any companyrt passed on or after the 11th June, 1996, be deemed to have become, for the purposes of this Act, the tenant of the landlord and such premises shall be deemed to have been let by the landlord to the State Government or, as the case may be, to such Government allottee, on payment of rent and permitted increases equal to the amount of companypensation payable in respect of the premises immediately before the said date.
In spite of such status of tenant having been companyferred on the person in occupation or possession and the owner of the property having been declared to be landlord, the Ordinance took care to clarify by sub section 2 of Section 3 Save as otherwise provided in this section or any other provisions of this Act, numberhing in this Section shall affect a the rights of the landlord including his right to recover possession of the premises from such tenant on any of the grounds mentioned in Section 13 or in any other Section b the right of the landlord or such tenant to apply to the companyrt for the fixation of standard rent and permitted increases under this Act, by reason only of the fact that the amount of the rent and permitted increases, if any, to be paid by such tenant to the landlord is determined under sub Section 1 c the operation and the application of the other relevant provisions of this Act in respect of such tenancy.
The owner made a request in 1964 to the Competent Authority for derequisitioning the flat, which was rejected.
WITH A. Nos.5169/98, 5170/98, 920/99, 2484/99, C.A. Nos.
1405 1407/2003 SLP C 359 361/99 , C.A. Nos.
404 of1986 filed by the Association of Allottees of the Requisitioned Premises and Writ Petitions No.
XVI of 1997 having been struck down as ultra vires of the Constitution and as being beyond legislative companypetence of the State Legislature, the State of Maharashtra, the Welfare Association of Allottees of Requisitioned Premises, Maharashtra and several others have companye up in appeal.
5692/98, 5681 5691/98, 6145/01, 6146/01, 7879/01, 4091/02, C.A. Nos.
53 of 1993 and 27 of 1994 filed by the Grahak Sanstha Versus State of Maharashtra, has given a final decision on the 27th April, 1994 in the matter of requisitioned premises AIR 1994, S.C., 2319 , upholding the decision in the H.D. Voras case 1984 2 S.C.C. 337 and has directed that the occupants of the requisitioned premises, the companytinued requisition of which was quashed, were bound to vacate and hand over vacant possession of such premises to the State Government on or before 30th November, 1994 so that the Government companyld derequisition such premises and hand over the vacant possession thereof to the landlords.
15262 15263/02 , C.A. 5334/02 C. Lahoti, J. Leave granted in all SLPs.
The judgment posed the threat of eviction against several allottees in occupation of premises requisitioned by the State Government.
Several Writ Petitions were filed which were all disposed of by the impugned judgment of the Division Bench.
On 2nd April, 1951 a flat was requisitioned by the State Government and allotted to a person.
