Ending an eight-decade-long property dispute, the Bombay High Court has directed the Maharashtra government to hand over two flats in South Mumbai to their owner, a 93-year-old woman. The flats are located on the first floor of Ruby Mansion in South Mumbai and are of 500 and 600 sq.ft. The building was requisitioned on 28 March 1942 under the then Indian Defense Act. The British rulers of that time had given permission to take possession of private properties.
A division bench of Justices RD Dhanuka and MM Sathaye, in its order dated May 4, noted that despite a de-demand order being passed in July 1946, the flats were never handed back to owner Alice D’Souza. The properties are currently occupied by the legal heirs of a former government official.
Alice D’Souza, in her petition, sought a direction to the Maharashtra government and the Collector of Mumbai to implement the de-demand order of July 1946 and hand over the possession of the flat to her.
The present occupants of the flat opposed the plea of the 93-year-old woman. He is the legal heir to DS Laud, who came to the campus in the 1940s under a requisition order. Laud was at that time a government official in the Civil Services Department.
Alice D’Souza claimed in her petition that the demand order was withdrawn but still the possession of the flat was not handed over to the rightful owner. The petition states that the possession of other flats in the building has been handed back to their owners.
The bench, in its order, noted that the physical possession of the premises was never handed over to the owner (D’Souza) and hence the acquisition was not complete. The High Court said, “We have no hesitation in saying that in the present case the premises are requisitioned.”
The court directed the state government to “hand over the vacant and peaceful possession to the petitioner owner (D’Souza) by taking possession from the present occupants within eight weeks”.
