c.a.105.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.105/2011 IN L.P.A.ST.NO.25895/2010 IN W.P.NO.9483/2009 Indira wd./o Panju Algar Naidu & Ors. Applicants/Appellants Vs Mumbai Metropolitan Region and Anr. Respondents Mr.Vikas Singh for Applicants Mr.Chetan S.Damre i/b Mr.K.P.Patil for Res.1 Coram-P.B.Majmudar, And Mrs.Mridula Bhatkar,JJ. Date- 8th July,2011. P.C. . Heard counsel for the parties. 2 Delay is condoned, however, the appeal is taken up for admission today itself. 3 By way of this appeal, the appellants have challenged the order of the learned Single Judge, c.a.105.11 2 dated 24/6/2010 by which the Writ Petition filed by the appellants is dismissed and the order of the appellate Court is confirmed. 4 The respondents initiated the proceedings under the Bombay Government Premises (Eviction) Act, 1955 on the ground that the appellants have unauthorisely tried to occupy the premises in question i.e. the premises at Bandra Kurla Complex. Notice under the Act was issued to the appellants for eviction on the ground that they are the encroachers and in unauthorised occupation of the government property falling within the jurisdiction of the Mumbai Metropolitan Region Development Authority which is a special planning authority for Bandra Kurla Complex. The appellants have tried to make out their case that they were in possession of the suit premises prior to 1/1/1995 and as per the government policy, the persons in occupation of slums on or before the aforesaid date are protected. In this behalf the Estate c.a.105.11 3 Officer as well as the appellate authority both found that the appellants failed to make out the case that they are in occupation prior to 1/1/1995. In fact it is found that the appellants were residing in the Zopadpatti at Shastri Nagar and tried to encroach upon the area in question i.e. Bandra Kurla Complex. The learned Single Judge has also considered the said aspect in detail in paragraph 6 of the order. The appellants’ case is that they have already been evicted from the said area. 5 Considering the reasoning of the learned Single Judge, we find no substance in this appeal. The appellants are found rank encroachers upon the government property and they have been evicted in accordance with law. The appellants have tried to create right in their favour by encroaching upon the government property and therefore the Estate Officer under the Act has rightly passed the impugned order which is confirmed not only by the appellate authority c.a.105.11 4 but also by the learned Single Judge of this Court. 6 We accordingly dismiss the appeal at the admission stage. No order as to costs. In view of this order, Civil Application is also disposed of. (P.B.Majmudar,J.) (Mrs.Mridula Bhatkar,J.)