Case Note & Summary
In a batch of writ petitions, occupants of structures at Reay Road, Mazgaon, Mumbai, challenged eviction notices issued by the Mumbai Port Trust on 06.11.2017 directing them to vacate within twelve hours. Petitioners claimed long-standing possession since before 1 April 1962, payment of property taxes to the Municipal Corporation, and holding of licenses under the Maharashtra Shops and Establishments Act. They contended that Bye-law No.9 of the Bombay Port Trust, which authorized summary eviction of unauthorized occupants from roads, buildings, and vacant plots in the Port Trust Estate, was ultra vires the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the Major Port Trusts Act, 1963. They also argued that the bye-law did not contemplate any prior hearing and thus violated the principles of natural justice, and that the eviction notices were contrary to the detailed procedure mandated by the Public Premises Act. The Port Trust defended the validity of its bye-law and the necessity of such summary powers. The High Court heard the parties and reserved judgment. (The extracted text does not contain the final decision or reasoning.)
Issue of Consideration
Whether Bye-law No.9 of the Bombay Port Trust is ultra vires the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and/or the Major Port Trusts Act, 1963; whether the impugned eviction notices requiring vacation within twelve hours violate the principles of natural justice; whether the proposed action of summary eviction without following the procedure under the Public Premises Act is lawful.
Case Details
2018 LawText (BOM) (03) 69
Writ Petition (L) No.3058 of 2017 and connected petitions
Dr.Abhinav Chandrachud, Mr.Ajay Panicker, Ms.Hemali Kurne for petitioner; Mr.Shrihari Aney, Senior Counsel with Mr.Ajay Khaire, Mr.Mandar Bangale for Respondent No.1; Ms.Trupti Puranik, Ms.Pooja Yadav, Mr.Sagar Patil for Respondent No.2; Mr.D.N.Mishra, Mr.P.S.Gujar, Ms.Richa Mishra, Ms.Gul Asnani for Respondent No.3
Shri S.K.Parmanandan & Ors.
Board of Trustees of the Port of Mumbai & Ors.
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Nature of Litigation
Writ petition challenging eviction notices and validity of Bye-law No.9 of the Bombay Port Trust
Remedy Sought
Petitioners sought quashing of eviction notices dated 06.11.2017 and a declaration that Bye-law No.9 is ultra vires the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and/or the Major Port Trusts Act, 1963
Filing Reason
Respondent No.1 issued notices on 06.11.2017 calling upon petitioners to vacate the premises within twelve hours, failing which they were threatened with demolition of structures
Issues
Whether Bye-law No.9 of the Bombay Port Trust is ultra vires the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and/or the Major Port Trusts Act, 1963
Whether the impugned eviction notices requiring vacation within twelve hours violate the principles of natural justice
Whether the proposed action of summary eviction without following the procedure under the Public Premises Act is lawful
Submissions/Arguments
Petitioners claimed long-standing occupation since before 1962, payment of property taxes, and holding of municipal licenses
Petitioners argued that Bye-law No.9 is ultra vires the Public Premises Act and Major Port Trusts Act as it allows eviction without following the statutory procedure
Petitioners contended that the bye-law does not provide for any prior hearing and thus violates natural justice
Petitioners submitted that the short twelve-hour notice is unreasonable and against the principles of settled possession
Judgment Excerpts
No person shall without permission in writing of the Docks Manager... construct or permit to be constructed any road... or by causing or permitting the same to be obstructed... Any goods, articles or other hindrances... shall be liable to be removed... after 12 hours' notice...
Petitioners claim to be in occupation... since many years anterior to 1st April, 1962...
Petitioners... have been issued a license under the Maharashtra Shops and Establishments Act... Most of them are also regularly paying professional tax.
Bye law No.9, which authorises the Port Trust authorities to evict a person from premises with a prior notice of twelve hours is ultra vires the provisions of Public Premises Act
Procedural History
Petitioners filed writ petitions challenging eviction notices dated 06.11.2017. Rule was issued and with consent of parties, petitions were heard finally at the stage of admission. The court reserved judgment on 09.02.2018 and pronounced it on 27.03.2018.
Acts & Sections
- Public Premises (Eviction of Unauthorised Occupants) Act, 1971:
- Major Port Trusts Act, 1963:
- Bombay Port Trusts Act, 1879:
- Maharashtra Shops and Establishments Act:
- Mumbai Municipal Corporation Act, 1888:
- Bombay Port Trust Bye-laws: Bye-law No.9
