ANIL MANILAL SANGHVI Vs. DEVIKA DHANANJAY GOKHALE

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the orders dated 9th August 2010 and 10th August 2010 passed by the competent authority i.e. the respondent no.2 thereby giving vacant the possession of the premises i.e. Room No.26, 3rd Floor, Chhotani Building, 93-95, Sun Mill Lane, Lower Parel, Mumbai 400 013 to the respondent no.1 and seek an order and direction against the respondent no.2 to hand over the possession of the said premises to the petitioner by evicting the respondent no.1.

(2.) Rule. Mr.Karande, learned counsel appearing for the respondent no.1 waives service. Mr. Kankal, AGP appearing for the respondent nos.2 and 3 waives service. By consent of parties, the petition is heard finally. Some of the relevant facts for the purpose of deciding this petition are as under :-

(3.) The petitioner is the landlord of the Chhotani building situated at 93-95, Sun Mill Lane, Lower Parel, Mumbai. Father-in-law of the respondent no.1 i.e. Mr.Nilkanth Balkrishna Gokhale was the government allottee of the State of Maharashtra who had requisitioned the said premises i.e. Room No.26, 3rd Floor, Chhotani Building, 93-95, Sun Mill Lane, Lower Parel, Mumbai 400 013 (for short "the said premises") under the provisions of the Bombay Land Requisition Act, 1948 (for short "the said Act") and allotted the same to the said Mr.Nilkanth B. Gokhale. During the lifetime of the said Mr.Nilkanth B. Gokhale, the competent authority passed an order directing the said Mr.Nilkanth B. Gokhale to hand over the possession of the said premises. The said order was challenged by the said Mr.Nilkanth B. Gokhale by filing an appeal before the Appellate Authority. The said appeal was however rejected by the Appellate Authority. The said Mr.Nilkanth B. Gokhale was paying compensation to the Rent Collector appointed by the petitioner on behalf of the State of Maharashtra as the premises was allotted by the State Government. Some time in the year 1993, the said Mr.Gokhale retired from service.