A. M. Khanwilkar, J. - (1.) Union of India has filed this review petition seeking review of the judgment and order passed by this Court on September 5, 2011 in Civil Appeal No.7448 of 2011: National Textile Corporation Ltd. Versus Nareshkumar Badrikumar Jagad & Ors., 2011 12 SCC 695. At the same time, the appellant National Textile Corporation Ltd. (for short "NTC") has filed an application for directions including for extension of time. Whereas, respondent Nos.1 to 6 in the review petition (for short "respondents") who were respondent Nos.1 to 6 in the aforementioned civil appeal, have filed contempt petition for initiating appropriate action against the appellant NTC. During the pendency of the review petition, an Ordinance was promulgated titled as the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Ordinance, 2014 which later on became The Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 (for short "Validation Act 2014"), as a result of which the Union of India has filed an application for urging additional grounds in the Review Petition. As the issues to be decided in these proceedings are overlapping, we propose to deal with the same by this common order.
(2.) Briefly stated, the property in question admeasuring 12118 square yards of land, bearing Plot No.9 in Survey No.73 of Lower Parel Division, N. M. Joshi Marg, Chinchpokli, Mumbai, originally belonged to one Damodar Tapidas and Dayabhai Tapidas. They executed a lease deed on 11th March, 1893 in favour of one Hope Mills Ltd. The demise was for 99 years to expire on 21st October, 1990. A structure was erected to house a cotton mill on the property. The original suit land owners sold and conveyed the said land to one Harichand Rupchand by a sale deed dated 22nd February, 1907. As per the Will of Harichand Rupchand, the property vested in a public charitable trust by the name of Seth Harichand Rupchand Charitable Trust (for short "the Trust"). The respondents are the present trustees of the said Trust. The leasehold rights then stood transferred from Hope Mills Ltd. to Prospect Mills Ltd. and thereafter to Diamond Spinning and Weaving Co. Pvt. Ltd. By an indenture of Lease dated 25th October, 1926, the property, namely, the said land and structures thereon, were demised to Toyo Podar Cotton Mills Ltd. (whose name was subsequently changed to Podar Mills Ltd.) for the residue of the unexpired period of lease of 99 years commencing from 22nd October, 1891, subject to the same terms and conditions as in the original lease deed dated 11th March, 1893.
(3.) The Textile Undertakings (Taking over of Management) Act, 1983 (for short "1983 Act") was enacted by Parliament in order to take over the management of 13 textile undertakings, including Podar Mills, pending their nationalisation. The lease granted in favour of Podar Mills Ltd. expired by efflux of time on 21st October, 1990. However, it continued to occupy the suit property as a protected or statutory tenant in terms of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short "1947 Act"). The Trust issued a legal notice dated 2nd December, 1994 to the NTC terminating its tenancy qua the suit property. The Parliament enacted the Textile Undertakings (Nationalisation) Act, 1995 (for short "1995 Act"), which was deemed to have come into force on 1st April, 1994.;