Case Note & Summary
The petitioners, Kaikobad Byramjee and Son (Agency) Private Limited and Mr. Khushrooh P. Byramjee, filed two writ petitions before the Bombay High Court seeking directions to the Union of India and other respondents to implement a de-hiring policy and hand over vacant possession of two flats in Prince Court, Colaba, Bombay. The flats, Flat No.5 and Flat No.8, had been occupied by defence personnel since 1944 under separate lease agreements executed on 7th September 1944. The petitioners contended that the respondents were obligated to de-hire the premises and return possession. The court examined whether the petitioners had any legal right to enforce the de-hiring policy. The court noted that the occupation was based on valid lease agreements and that the de-hiring policy, even if existing, did not create any enforceable right in favor of the petitioners. The court held that the writ petitions were not maintainable as the petitioners failed to establish any legal right or breach of duty by the respondents. Consequently, both petitions were dismissed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Enforcement of Policy - Petitioners sought writ to implement de-hiring policy and recover possession of flats occupied by defence personnel since 1944 - Court held that no legal right exists to enforce such policy as the occupation was under valid lease agreements and the policy does not confer any enforceable right on the petitioners - Held that writ petition not maintainable (Paras 1-4).
Issue of Consideration
Whether the petitioners have a legal right to enforce the de-hiring policy of the defence services and seek possession of flats occupied by the respondents under lease agreements.
Final Decision
Both writ petitions dismissed.
Law Points
- Writ jurisdiction
- enforcement of policy
- lease agreement
- right to possession
- limitation
Case Details
2005 LawText (BOM) (08) 243
Writ Petition No.1389 of 1993 and Writ Petition No.1390 of 1993
R.M.S. Khandeparkar, V.M. Kanade
Shri M.P.S. Rao i/b Desai Birjis & Chinoy for petitioners; S/Shri Y.S. Bhate with Y.R. Mishra & D.A. Dube for respondents
Kaikobad Byramjee and Son (Agency) Private Limited and Mr. Khushrooh P. Byramjee
Union of India, Flag Officer Commander in Chief Headquarters Western Naval Command, Defence Estate Officer Bombay Circle
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Nature of Litigation
Writ petitions seeking implementation of de-hiring policy and possession of flats occupied by defence personnel.
Remedy Sought
Direction to respondents to implement de-hiring policy and hand over vacant possession of flats.
Filing Reason
Respondents failed to de-hire and vacate flats occupied since 1944 under lease agreements.
Issues
Whether petitioners have legal right to enforce de-hiring policy?
Whether writ petition is maintainable?
Submissions/Arguments
Petitioners contended that respondents are obligated to implement de-hiring policy and return possession.
Respondents argued that occupation is under valid lease agreements and no enforceable right exists.
Ratio Decidendi
No legal right exists to enforce a policy that does not confer any enforceable right on the petitioners; occupation under valid lease agreements; writ petition not maintainable.
Judgment Excerpts
Since common questions of law and facts arise in these petitions, they were heard together and are being disposed of by this common judgment.
The petitioners by these petitions seek relief in the nature of writ for direction to the respondents to forthwith implement the de-hiring policy...
It is the contention of the petitioners...
Procedural History
Writ petitions filed in 1993; heard together and disposed of by common judgment on 29th August 2005.
