GRAHAK SANSTHA MANCH AND ETC. versus STATE OF MAHARASHTRA

GRAHAK SANSTHA MANCH AND ETC. versus STATE OF MAHARASHTRA

The Bombay Land Requisition Act is not a rent control legislation and its requisitioning provisions are intended to be temporary; continued requisition for as long as 30 years is unreasonable. The State Government cannot be compelled to provide alternate accommodation to allottees. It is for the State to assess the desirability and feasibility of providing alternate accommodation, and the facts of each case determine reasonable period of requisition.

Parties
Petitioner: Grahak Sanstha Manch and etc. etc.; Petitioner: President Association of Allottees of Requisitioned Premises, Bombay; Respondent: State of Maharashtra; Respondent: Respondents Nos. 3-4; Respondent: Respondents No. 2-3; Respondent: Respondents No. 4-5; Intervenor: Intervenor
Jurisdiction
India
Judgment Date
27 April 1994
Procedural Posture
Writ Petition (civil) / Decision
Outcome
writ petitions dismissed
Legal Topics
Requisition of Property, Temporary Government Occupation, Bombay Land Requisition Act, Compensation, Public Purpose, Fair Price Shops, Residential Accommodation
Constitutional Law Property Law Administrative Law Requisition of Property Temporary Government Occupation Bombay Land Requisition Act Compensation Public Purpose +2 more

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Parties

Grahak Sanstha Manch and etc. etc.

Petitioner

President Association of Allottees of Requisitioned Premises, Bombay

Petitioner

State of Maharashtra

Respondent

Respondents Nos. 3-4

Respondent

Respondents No. 2-3

Respondent

Respondents No. 4-5

Respondent

Intervenor

Intervenor

Procedural Posture

Writ Petition (civil) / Decision

Legal Issues

  1. 1 Whether the Bombay Land Requisition Act, 1948 permits requisition for an indefinite period
  2. 2 Whether continued requisition for 30 years is reasonable
  3. 3 Whether State must provide alternate accommodation to allottees upon derequisitioning

Ratio Decidendi

The Bombay Land Requisition Act is not a rent control legislation and its requisitioning provisions are intended to be temporary; continued requisition for as long as 30 years is unreasonable. The State Government cannot be compelled to provide alternate accommodation to allottees. It is for the State to assess the desirability and feasibility of providing alternate accommodation, and the facts of each case determine reasonable period of requisition.

Court Disposition

writ petitions dismissed

Orders

  • Protection of interim orders for residential premises continued until 30th November, 1994; occupants must vacate and hand over possession to State Government by that date
  • State Government to consider desirability and feasibility of providing alternate accommodation