R.M.BORDE,J. - (1.) Heard. Rule. Rule made returnable forthwith and by consent of learned Counsel for respective parties, petitions are heard finally at the stage of admission.
(2.) Petitioners, in these petitions, are taking exception to the notices issued on 06.11.2017 by Respondent No.1Port Trust, calling upon them to vacate the premises within twelve hours. Petitioners also pray for a declaration that bye-law no.9 framed by Respondent No.1 is ultra vires the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and/or the Major Port Trusts Act, 1963 (read with erstwhile Bombay Port Trusts Act, 1879).
(3.) Petitioners claim to be in occupation of structures admeasuring various dimensions situate at Reay Road, Mazgaon, Bombay. Petitioners claim to be in possession since many years anterior to 1st April, 1962, the datum line prescribed by the Municipal Corporation for tolerating commercial premises. The properties occupied by the petitioners are assessed for taxes and they are continuously paying property tax to the Mumbai Municipal Corporation.;