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1 - 6 of 6 (0.21 seconds)Jamshed Hormusji Wadia vs Board Of Trustees, Port Of Mumbai & Anr on 13 January, 2004
8 WP-989/96
7 The learned counsel for the Petitioners fairly submitted that there
is no policy that even if a person who has already been evicted, he can be
retrospectively put back in possession and his tenancy can be continued. So far
as reference to the decision of the Supreme Court in the case of Jamshed
Wadia (Supra) is concerned, in the said case the Supreme Court has held that
the BPT is a State within the meaning of Article 14 and even if Bombay Rent
Act is not applicable, they have to act reasonably. The issue involved in that
case was regarding fixation of the quantum of rent. In that context, it has been
held that the BPT cannot charge rent exorbitantly or arbitrarily like a private
landlord. So far as issue involved in the present Petition is concerned, the
same has no connection with the judgment of the Supreme Court as in the
present case, the Petitioners are praying for restoration of their possession and
benefit of the policy of the BPT as per which the BPT has agreed to regularise
the possession of the tenants and/or sub tenants in a given case.
Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
The Major Port Trusts Act, 1963
Indian Companies Act, 1913
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