:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2783 OF 2008 Vishwabharati Education Society ..Petitioner Vs. The Indian Audit & Accounts Dept. and ors. ..Respondents Mr. V. D’Silva for petitioner. Mr. Vinod Joshi for respondents. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 28, 2008. Date : April 28, 2008. Date : April 28, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. D’Silva the learned counsel for the petitioner-society. Mr. Vinod Joshi appears for the respondents. 2. The Estate Officer has passed an order on 29/5/2007 in exercise of his powers under Section 5(1) of the Public Premises (Eviction and Unauthorised Occupants) Act, 1971 (Public Premises Act for short) against (1) Shri Narayan Laxman Land and (2) Vishwabharati Education Society. :2: 3. It appears Shri Narayan Laxman Lad was working as Senior Auditor in the Mumbai Branch Office of the Principal Director (Scientific Department), Indian Audit and Accounts Department and he retired from service on 28/2/2002. While in service he was allotted a residential quarter No.503/C, CGS Colony, Bhandup (East), Mumbai and residents of the said Colony had formed Resident Welfare Association (RAW), CGS Colony and Quarter No.282/D was allotted by the office of the Accountant General (A & E) vide its letter dated 24/1/1990. A no objection certificate was issued by the said office on 20/2/1991 to run a primary school as a welfare measure by the RAW and Mr.Lad being the Secretary, the primary school was started. In due course of time, classes upto 10th standards were open and thus a secondary school also started in the same premises. It is further alleged that behind Quarter 282/D in the open space a shed was constructed and some classes are also being run under the said shed. Consequently, on 29/3/1995 the Accountant General (A & E) revoked the permission granted to run the primary school and Mr. Lad was :3: directed to close the activity of the said school from the academic year 1995-96. Despite his retirement on 28/2/2002, he did not take any steps and, therefore, a notice was issued on 9/9/2003 under Section 5-A(2) of the Public Premises Act and finally the impugned order has been passed directing Mr.Lad and all other persons concerned with the said school activities to vacate Quarter No. 282/D, Sector - C, CGS Colony, Bhandup, Mumbai. 4. Mr. Lad has not taken any steps to challenge the impugned order and in any case the remedy to challenge the said order either by Mr. Lad or by the present petitioner-society lies before the City Civil Court, Mumbai by way of an appeal under the said Act. Admittedly, the notice premises was not allotted at any time to the petitioner-society, though it has affected by the impugned order and just because the respondent had granted no objection certificate to run the primary school, it cannot be accepted that the primary school as well as secondary school were being run authorisedly or under permission. The no objection certificate to run the primary school was, :4: in fact, revoked on 29/3/1995 itself and there was no such certificate granted when the secondary school was commenced or any time thereafter. 5. However, the petitioner-soceity has filed an undertaking before this court, a copy of which has also been served on the learned counsel for the respondents today and as per the said undertaking the petitioner-society accepts to vacate and hand over peaceful and vacant possession of the enquiry premises at the end of the academic year 2008-09 and on or before 20/5/2009. It has also pleaded before this court that having regards to the difficulties faced in locating alternative premises for the primary as well as secondary schools, it would not be possible for the petitioner-society to shift to the alternative premises in obedience of the impugned order, which, in fact, was passed about a year ago. It is also stated across the bar that in both the sections there are a total of about 400 students. 6. The undertaking is noted and surely it will be for the respondents to consider the same and take :5: appropriate steps so as to give extension upto the end of academic year 2008-09 to vacate from the enquiry premises. The respondents are, therefore, directed to take a decision on the said undertaking and communicate the same to the petitioner-society, having regards to the difficulties expressed and noted hereinabove to shift to the alternative premises in the current academic year which has already come to an end. 7. Petition is disposed off in terms of the above directions. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)