Case Note & Summary
The petitioner, Airports Authority of India, a body corporate constituted under the Airports Authority of India Act, 1994, challenged an order dated 8th October 1996 passed by the City Civil Court, Mumbai, in Miscellaneous Civil Appeal No.83/96 under sub-section (2) of Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The respondents, M/s. Cama Aviation Services, a sole proprietary concern with Phiroz Khershed Cama as sole proprietor, were given a licence for a plot of land admeasuring 361 sq.m. with an existing hangar (Hangar no.5) at Juhu Aerodrome vide agreement dated 20.2.1978. The licence expired by efflux of time on 19.9.1981. According to the petitioners, no further renewal or fresh licence was executed, and the respondents continued to occupy the plot and hangar without authority, making them unauthorised occupants under Section 2(g) of the Act. The City Civil Court had passed an order in the respondents' favour, which the petitioners challenged. The High Court, after considering the facts, held that the respondents' licence had expired and they were unauthorised occupants. The court allowed the writ petition, setting aside the City Civil Court's order and upholding the eviction proceedings. The judgment was delivered by a Division Bench consisting of Smt. Ranjana Desai and A.P. Deshpande, JJ., on 24th July 2006.
Headnote
A) Public Premises - Eviction of Unauthorised Occupants - Section 2(g) and Section 7(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Licence Expiration - The respondents were given a licence for a plot of land with a hangar, which expired by efflux of time in 1981. No renewal or fresh licence was executed thereafter. The court held that the respondents became unauthorised occupants within the meaning of Section 2(g) of the Act, and the eviction order passed by the City Civil Court under Section 7(2) was valid. (Paras 1-2)
Issue of Consideration
Whether the respondents, whose licence expired by efflux of time, are unauthorised occupants under Section 2(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and whether the eviction order passed by the City Civil Court under Section 7(2) of the said Act is valid.
Final Decision
The High Court allowed the writ petition, setting aside the order dated 8th October 1996 passed by the City Civil Court, Mumbai, in Miscellaneous Civil Appeal No.83/96. The court held that the respondents are unauthorised occupants under Section 2(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Law Points
- Public Premises (Eviction of Unauthorised Occupants) Act
- 1971
- Section 2(g)
- Section 7(2)
- Licence expiration
- Unauthorised occupation
- Eviction order
Case Details
2006 LawText (BOM) (07) 76
WRIT PETITION NO. 742 of 1997 WITH CIVIL APPLICATION No.769 of 1997
Smt. Ranjana Desai, A.P. Deshpande
Mr. Girish Kulkarni i/b M.V. Kini & Co. for the petitioner. None for the respondents.
Airports Authority of India (National Airports Division) through its Western Regional Office, Santacruz Airport, Santacruz Mumbai.
M/s. Cama Aviation Services, Hangar no.5, Juhu Aerodromes, Juhu, Mumbai 400 049.
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Nature of Litigation
Writ petition challenging an order passed by the City Civil Court, Mumbai, in Miscellaneous Civil Appeal No.83/96 under Section 7(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Remedy Sought
The petitioner sought to set aside the order dated 8th October 1996 passed by the City Civil Court, Mumbai, and to uphold the eviction of the respondents from the premises.
Filing Reason
The respondents continued to occupy the plot and hangar after the licence expired by efflux of time on 19.9.1981, without any renewal or fresh licence, making them unauthorised occupants under Section 2(g) of the said Act.
Previous Decisions
The City Civil Court, Mumbai, passed an order in Miscellaneous Civil Appeal No.83/96 on 8th October 1996, which was challenged in this writ petition.
Issues
Whether the respondents are unauthorised occupants under Section 2(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 after the expiry of the licence.
Whether the order dated 8th October 1996 passed by the City Civil Court, Mumbai, under Section 7(2) of the said Act is valid.
Submissions/Arguments
The petitioners argued that the licence granted to the respondents expired by efflux of time on 19.9.1981 and no renewal or fresh licence was executed, making the respondents unauthorised occupants.
The respondents did not appear or submit any arguments before the High Court.
Ratio Decidendi
A person whose licence to occupy public premises has expired by efflux of time and who continues to occupy without any renewal or fresh licence becomes an unauthorised occupant within the meaning of Section 2(g) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and is liable to be evicted under Section 7(2) of the said Act.
Judgment Excerpts
The petitioners are a Body Corporate constituted under the Airports Authority of India Act, 1994 for the management, control and maintenance of all the airports within the territory of India except the international airports.
A plot of land admeasuring 361 sq.m. with existing Hangar thereon being Hangar no.5 at Juhu Aerodrome was given on licence to the respondents vide agreement dated 20.2.1978.
the said licence expired by efflux of time on 19.9.1981.
respondents are unauthorised occupants within the meaning of section 2(g) of the said Act.
Procedural History
The petitioners filed a writ petition in the High Court of Judicature at Bombay challenging an order dated 8th October 1996 passed by the City Civil Court, Mumbai, in Miscellaneous Civil Appeal No.83/96 under Section 7(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The High Court allowed the petition on 24th July 2006.
Acts & Sections
- Airports Authority of India Act, 1994:
- Public Premises (Eviction of Unauthorised Occupants) Act, 1971: 2(g), 7(2)
