Mumbai – The Supreme Court has rejected the Bombay High Court order, refusing to consider the writ petition seeking possession of illegally acquired flats without the Maharashtra Police Department for 1940 to 84 years, which is a violation of property rights. The High Court dismissed the petition and said that the option of civil case is available. The Supreme Court also ordered the Maharashtra Police to assure that the possession of these flats would be handed over within four months.
The Supreme Court described the High Court’s approach as defective and forced the claimant to knock the civil court to file a civil case after 84 years. The court said that the High Court could use writ jurisdiction under Article 226 of the Constitution.
Decision on the writ petition filed by the petitioner seeking possession of two illegally acquired flats by the police department. Pardiwala and Nya. Mahadev’s voice was heard. The petition stated that the fare of these flats has not been paid since 2008.
The applicant is like sprinkling salt on the burn, saying to file a case and get possession. At this stage, if the applicant is asked to register a case, it is difficult to imagine how many years it will take. The Supreme Court commented that the High Court is expected to take into account the present time.
The alternative measure is that the court has a discretion to implement the law, not to implement it. Despite the existence of alternative remedies, there may be many urgent conditions in which it is necessary to use the High Court’s writ jurisdiction. India was under British rule in 1940 and the police would have forced the applicant to give possession of the flat. The High Court should have taken into account in the year 1940, when Bombay was a separate city. Now 84 years have passed for this incident and the police is still using that flat. The Supreme Court said that look at the behavior of the department, they have not even paid rent for the last 18 years.
Accepting the appeal, the court directed the DCP to file an affidavit stating that the department would peacefully vacate both the flats and hand over them within four months. The judgment said that such a promise should be registered in the court registry as an affidavit within a week from today.
The Post 1940 was angry with the Supreme Court High Court for ordering the police to evacuate the possession flats in 1940. Breaking India News, The Indian Headline, India Express News, Fast India News.
