-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.282 of 2008 with Writ petition No. 340 of 2008 Mahatma Education Society ..Petitioner vs. Union of India ..Respondent Shri V.M.Thorat, Sr.Counsel i/b Shri C.J.Abhyankar for petitioner. Shri V.R.Rajguru for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 23rd January, 2008 23rd January, 2008 23rd January, 2008 P.C. P.C. P.C. 1. These petitions are directed against the orders passed under the Public Premises Eviction Act evicting the petitioners from the lands which are belonging to Salt Department of the Government of India. 2. The order of eviction of the Estate officer has been confirmed by the Appellate Authority. These orders are under challenge. 3. There are two sites. One is open ground/land which has been used by the petitioner Educational Society as a play ground. That was under licence from the Salt Department -2- which now has been terminated. Second site/land is a bungalow, popularly known as "Daroga Bungalow" and the land adjoining the same is also used as a play ground. 4. Shri Thorat, the learned Senior Counsel appearing for the petitioners in both the petitions, after taking instructions, makes statement that insofar as Daroga Bungalow/structure is concerned, the same is locked today but the petitioners will hand over vacant and peaceful possession thereof to the respondents after removing their articles and goods which are stored in the same,. To enable them to remove the same after taking inventory thereof, he prays for four weeks time. 5. Further, he has contended that even prior to the proceedings being initiated, during their subsistence and after the impugned orders were passed, the petitioner society has been requesting for renewal of licence in respect of the play ground so as to enable them to use it for their educational institution purely as a play ground. He invites my attention to the Development Plan, designation/reservation in -3- respect of the said land which now stands altered from the words "building" to "play ground". 6. While not interfering with the orders under challenge, but considering that the petitioner is a educational society and that the land has been kept free from encumbrances all this time by using the same as play ground, so also in the light of willingness shown by the petitioner to hand over possession of the bungalow, it would be appropriate to dispose of the present petition by following order:- i) In so far as "Dargoa Bungalow’ is concerned, upon inventory of the articles belonging to the petitioner society being complete, the petitioner shall hand over vacant and peaceful possession of the said bungalow to the respondents. All this to be completed within four weeks from today. The respondents would be at liberty to place their own lock on the said bungalow and use it thereafter in such manner as is permissible in law. The petitioner shall not obstruct or interfere with the usage of the bungalow by the respondents. To enable the petitioner to remove their articles and goods -4- lying inside the bungalow and for the purpose of making inventory thereof, the respondents shall open the bungalow by removing their lock temporarily. For a period of four months from today the petitioner’s usage of the said land as a play ground shall not be obstructed or interfered with by the respondents. ii) In so far as the open land which is used as a play ground and the land adjoining the said bungalow is concerned, within a period of four weeks from today, the petitioner shall apply for renewal of their licence and such application shall be considered by the appropriate authority bearing in mind the willingness as recorded above so also the fact that the petitioner is educational society. Respondents to take a decision and communicate the same to the petitioner within a period of 8 weeks from the date they receive the application for renewal. 7. Petitions are disposed of.No order as to costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)