Case Note & Summary
The Petitioners, All India Cotton Seeds Crushers' Association and another, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a writ of mandamus to direct the Respondents to derequisition Flat Nos. 2 and 3, Khetan Bhavan, 6th Floor, Jamshedji Tata Road, Bombay-20 and hand over vacant possession. The Petitioner No. 1 is a society registered under the Societies Registration Act, 1960. The subject property was given on leave and licence basis to Maharashtra State Farming Corporation Limited from 1st January 1970 to 31st July 1975. The Corporation vacated the premises on 31st July 1975, and the Petitioners informed Respondent No. 1 on 6th August 1975 that the premises were required for their own use. However, an order of requisition was passed on 6th September 1975 by Respondent No. 1. Subsequently, an allotment order dated 23rd December 1975 was issued in favour of Maharashtra State Cooperative Marketing Federation Limited for office purposes, with monthly compensation fixed at Rs. 9,000/- on 20th December 1976. The Petitioners alleged that the premises were being used by Respondent No. 3 (the allottee) and its board was affixed. During the pendency of the petition, the Petitioners amended to challenge Section 9(B) of the Bombay Land Requisition Act, 1948, but in view of the Supreme Court decision in Welfare Association A.R.P., Maharashtra vs. Ranjjit P. Gohil (AIR 2003 SC 1266), the challenge was abandoned. The sole issue remaining was whether the Petitioners were entitled to derequisition. The Court held that the requisition was for a public purpose and the Petitioners failed to establish that the premises were no longer required for such purpose or that the allottee was using them for an unauthorized purpose. The petition was dismissed.
Headnote
A) Requisition Law - Derequisition of Premises - Bombay Land Requisition Act, 1948 - Section 9(B) - The Petitioners, owners of requisitioned premises, sought a writ of mandamus for derequisition. The Court held that the requisition was for a public purpose and the Petitioners failed to prove that the premises were no longer required for such purpose or that the allottee was using them unauthorizedly. The challenge to Section 9(B) was abandoned in light of Supreme Court decision in Welfare Association A.R.P., Maharashtra vs. Ranjjit P. Gohil (AIR 2003 SC 1266). (Paras 2-3)
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 Writ Petition is dismissed. The Petitioners are not entitled to derequisition of the premises.
Law Points
- Requisition
- Derequisition
- Public Purpose
- Bombay Land Requisition Act
- 1948
- Section 9(B)
- Writ of Mandamus
- Locus Standi
- Burden of Proof
