In a recent court decision, the Bombay High Court dismissed a request made by Shivmoori Jagatdev Kushwaha, a partner at M/s Stuti Enterprises, against the Assistant Division Engineer and others. This case is about a long-standing disagreement over who should use a space at the Mumbai Chhatrapati Shivaji Maharaj Terminus (CST).
Shivmoori Jagatdev Kushwaha was running a business at Mumbai CST through an agreement with the Central Railway Employees Consumer Co-operative Society. The business initially did well, but money problems led to the society closing down in 2012. Despite this, Kushwaha continued to operate under a new agreement until 2019.
"The society could not sustain itself financially, leading to its closure and the end of the agreement."
In 2015, the Railways sent an eviction notice under a law about removing unauthorized occupants, claiming they needed the space for development. The officer in charge told Shivmoori Jagatdev Kushwaha to leave the premises and pay a large amount of money as compensation.
"The officer in charge ordered Shivmoori Jagatdev Kushwaha to leave the premises and pay Rs.74,57,694.56 in damages."
Shivmoori Jagatdev Kushwaha argued against the eviction, claiming the space was not public property under the law. However, the court found that the property belonged to the Railways and was therefore public property.
"The court decided that the Railways controlled the property, so it was considered public property."
Judge N.J. Jamadar ruled against Shivmoori Jagatdev Kushwaha, stating that the agreements with the society did not apply to the Railways. The court also decreased the amount of money Kushwaha had to pay but agreed that he still had to leave the premises.
"Shivmoori Jagatdev Kushwaha was not authorized to be there and had to leave the premises."
The court sided with the Railways, allowing them to take back the property for redevelopment. Shivmoori Jagatdev Kushwaha was required to vacate the premises and pay a reduced amount in damages.
