Summary: A court case involving a railway property dispute ends with eviction orders and reduced damages. Let's dive into the details!
The Main Players
In this case, we have Shivmoori Jagatdev Kushwaha, a partner at Stuti Enterprises, against the Assistant Division Engineer and others from the Central Railway in Mumbai. Shivmoori was running a business at the Chhatrapati Shivaji Terminus but faced eviction.
The Background
Shivmoori's business was part of a co-operative society run by railway employees. The society got space from the railway to sell consumer goods and food items. However, financial troubles led to the society's closure, and someone was appointed to settle its affairs.
The Dispute Begins
- Winning the Bid: Shivmoori won a bid in 2009 to run the business for five years.
- Society's Closure: In 2012, the society was declared financially unstable and was shut down.
- Eviction Notice: In 2015, Shivmoori received a notice to leave the premises.
Legal Battles
- First Eviction Order: The officer in charge ordered eviction in 2016, demanding damages of over ₹74 lakh.
- Appeal Success: Shivmoori appealed, and the order was overturned due to issues with how the process was handled.
- Second Eviction Order: Another order came in 2018, citing unauthorized renting out of space and future development plans by the railway.
Court's Final Decision
- Eviction Upheld: The court supported the eviction, stating Shivmoori was not allowed to be there.
- Damages Reduced: The damages were reduced to ₹3,125 per month after looking at valuation reports.
Arguments and Rulings
- Shivmoori's Claims: He argued that the notices were flawed and that the premises weren't "public premises" under the law.
- Court's Stand: The court rejected these claims, stating the railway had control over the property, making it public premises.
- Bias Concerns: Concerns about bias were dismissed since a new officer handled the case.
Verdict Summary
Both the petition by Shivmoori and the railway's request to increase damages were dismissed. The court allowed a temporary delay on eviction for four weeks, provided Shivmoori didn't involve any third parties in the premises.
