Case Note & Summary
The petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition seeking a mandamus to derequisition Flat Nos. 2 and 3, Khetan Bhavan, 6th Floor, Jamshedji Tata Road, Bombay-20, and to hand over vacant possession. The property was originally given on leave and licence to Maharashtra State Farming Corporation Limited from 1st January 1970 to 31st July 1975. After the corporation vacated, the petitioners informed the State on 6th August 1975 that they required the premises for their own use. However, on 6th September 1975, the State passed a requisition order under the Bombay Land Requisition Act, 1948. Subsequently, on 23rd December 1975, the premises were allotted to Maharashtra State Cooperative Marketing Federation Limited for office purposes, with monthly compensation fixed at Rs. 9,000 on 20th December 1976. The petitioners later noticed that Respondent No. 3 was using the premises. During the pendency of the petition, the petitioners amended to challenge Section 9(B) of the Act, but in light of the Supreme Court decision in Welfare Association A.R.P., Maharashtra and Anr. vs. Ranjjit P. Gohil (AIR 2003 SC 1266), that challenge was abandoned. The only remaining issue was whether the petitioners were entitled to derequisition. The court found that the petitioners had not established any bona fide need for the premises and had acquiesced to the requisition for over two decades. The petition was dismissed.
Headnote
A) Requisition and Derequisition - Bona Fide Need - Section 9(B) Bombay Land Requisition Act, 1948 - The petitioners sought derequisition of flats requisitioned in 1975, claiming need for own use. The court held that the petitioners failed to establish any bona fide need for the premises and had acquiesced to the requisition for over two decades. The petition was dismissed as the challenge to Section 9(B) was abandoned and no ground for derequisition was made out. (Paras 2-4, 6-7)
Issue of Consideration
Whether the Petitioners are entitled to an order of derequisition of the premises owned by them under the Bombay Land Requisition Act, 1948.
Final Decision
The petition is dismissed. The petitioners are not entitled to derequisition of the premises.
Law Points
- Requisition
- Derequisition
- Bona fide need
- Acquiescence
- Delay and laches
- Section 9(B) Bombay Land Requisition Act
- 1948
Case Details
2019 LawText (BOM) (02) 105
WRIT PETITION NO.2171 OF 1996
R. M. Borde, V. L. Achliya
Mr. Sharan Jagtiani a/w. Mr. Nirman Sharma, Ms. Pinky Patel and Mr. Sahil Harjani I/b. M/s. Desai & Diwanji, for the Petitioners. Mr. Rajiv Mane, AGP, for Respondent Nos. 1 and 2. Mr. B.N. Poojari a/w. Ms. Srishti Poojari, for Respondent No. 3.
All India Cotton Seeds Crushers' Association and Another
State of Maharashtra and Others
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Nature of Litigation
Writ petition seeking mandamus for derequisition of premises and possession.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents to derequisition Flat Nos. 2 and 3, Khetan Bhavan, and hand over vacant possession.
Filing Reason
The premises were requisitioned by the State in 1975 despite the petitioners' need for own use, and the petitioners sought derequisition.
Issues
Whether the petitioners are entitled to an order of derequisition of the premises owned by them under the Bombay Land Requisition Act, 1948.
Submissions/Arguments
Petitioners argued that the premises were required for their own use and that the requisition was unjustified.
Respondents contended that the petitioners had acquiesced to the requisition for over two decades and failed to establish bona fide need.
Ratio Decidendi
The petitioners failed to establish any bona fide need for the premises and acquiesced to the requisition for over two decades, disentitling them to derequisition.
Judgment Excerpts
Though the Petitioners by way of an amendment incorporated during continuance of Petition raised the challenge to Section 9 (B) of the Bombay Land Requisition Act, 1948, in view of the decision of the Supreme Court in the matter of Welfare Association A.R.P., Maharashtra and Anr. vs. Ranjjit P. Gohil and Ors., (AIR 2003 SC 1266), the challenge raised no more survives.
Thus issue that remains to be decided is, as to whether the Petitioners are entitled to claim an order of derequisition of the premises owned by them.
Procedural History
The petition was filed in 1996. During its pendency, the petitioners amended to challenge Section 9(B) of the Bombay Land Requisition Act, 1948. The challenge was abandoned in light of the Supreme Court decision in Welfare Association A.R.P. (AIR 2003 SC 1266). The matter was reserved on 24th January 2019 and judgment pronounced on 22nd February 2019.
Acts & Sections
- Bombay Land Requisition Act, 1948: Section 9(B)
- Societies Registration Act, 1960:
