Case Note & Summary
The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and others. The lease was acquired by Dr. Vincent Pereira in 1934, and a renewed lease was executed in 1975 for 30 years from 1951 on the same terms. Before his death in 1981, Dr. Pereira entered into a development agreement in 1978 with M/s. Kalpak Builders for construction of a multi-storied building, leading to the formation of Vinaper Castle Co-operative Housing Society. On 23 August 1986, the Additional Collector issued a show cause notice alleging breach of the lease condition prohibiting transfer without prior permission, as the land had been transferred to a co-operative society and construction undertaken. Legal representatives of the deceased lessee responded denying breach and pointing out that notice was required to all heirs and the Court Receiver. The Collector, after hearing, passed an order on 26 April 1993 resuming the land and directing the society to give an undertaking to clear liabilities and accept transfer terms, failing which it would be treated as an encroacher. Multiple appeals were filed against this order before the Additional Commissioner, who, on 4 September 1997, set aside the resumption order on the ground that it was passed without notice to all legal representatives and remanded the matter for fresh enquiry. A fresh notice was issued by the Collector on 25 July 2006. In 2007, Malcolm Pereira, one of the legal representatives, died and bequeathed his share to the second appellant. Writ petitions were thereafter filed and were dismissed by a Single Judge of the High Court on 5 November 2012. The present Letters Patent Appeals were preferred against that dismissal. The Division Bench heard the parties and reserved judgment on 30 July 2013, delivering the same on 29 October 2013. The provided text does not contain the court’s analysis, findings, or final operative order.
Issue of Consideration
WRIT PETITION NO.9449 OF 2009
