Bombay High Court
BAUMGARTTEN WALLIA PVT. LTD. THROUGH DIRECTOR MR. EKNATH HOSBETTversusUNION OF INDIA THROUGH SECRETARY FOR MINISTRY OF HOUSING AND URBAN AFFAIRS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered that possession be handed over to the Respondent‑Insurance Company by 20 October 2026 and disposed of the writ petitions.
Summary
The petitioners, Brihan Maharashtra Sugar Syndicate Ltd. and Baumgartten Wallia Pvt. Ltd., challenged an order dated 26 February 2019 by the Estate Officer that condoned a delay in recording the outcome of review proceedings and allowed eviction proceedings to continue against them. The premises had been allotted by the Respondent‑Insurance Company to Baumgartten, which allegedly inducted the sugar syndicate as occupant, although the sugar syndicate did not actually occupy the premises. Relying on a Government of India directive not to evict lawful tenants under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the petitioners sought to halt the eviction. The Court accepted the petitioners’ statement that possession would be handed over to the Respondent‑Insurance Company by 20 October 2026, directed the parties to negotiate rent and damages, and left the insurance company free to pursue recovery if negotiations fail. Accordingly, both writ petitions were disposed of.
Issues considered
- Whether the Estate Officer was authorized to condone the delay in taking on record the outcome of the review proceedings and permit continuation of eviction proceedings
- Whether eviction of the petitioners could be lawfully continued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 given the alleged lawful occupancy
Legislation cited
Subjects
- eviction
- public premises
- review proceedings
- possession
- rent arrears
- negotiation
- insurance company
- lawful tenant
Judgment
Neeta Sawant 6-WP-10716-10715-2019.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10716 OF 2019
The Brihan Maharashtra Sugar ...Petitioner
Syndicate Ltd. through Director Mr.
Ashutosh D. Agashe
: Versus :
Union of India through Secretary for ...Respondents
Ministry of Housing and Urban Affairs
and Ors.
Alongwith
WRIT PETITION NO. 10715 OF 2019
Baumgartten Wallia Pvt. Ltd., through
Director Mr. Eknath Hosbett ...Petitioner
: Versus :
Union of India, through Secretary for
Ministry of Housing and Urban Affairs ...Respondents
Mr. Pranay Kothari i/b. Mr. Shailendra S. Kanetkar, for the Petitioner.
Mr. K.N. Kandekar a/w. Ms. Janhavi K. and Ms. Akanksha Nath, for the
Respondents.
CORAM: SANDEEP V. MARNE, J.
DATED: 1 OCTOBER 2026.
PAGE NO. 1 of 3
Thursday, 1 October 2026
Neeta Sawant 6-WP-10716-10715-2019.docx
P.C.:
1) These petitions are filed challenging the order dated 26
February 2019 passed by the Estate Officer of the Respondent
condoning the delay in taking on record the outcome of review
proceedings and permitting eviction proceedings to proceed further.
2) It appears that the concerned premises were allotted by the
Respondent-Insurance Company to Baumgartten Wallia Pvt. Ltd. It is
the allegation that the said Baumgartten inducted the Brihan
Maharashtra Sugar Syndicate Ltd as the occupant in the premises.
When eviction proceedings were initiated, it appears that Petitioners
relied upon directives issued by the Government of India not to evict
lawful tenants by having recourse to the provisions of Public Premises
(Eviction of Unauthorised Occupants) Act, 1971 Accordingly,
Respondent-Insurance Company was directed to review its decision to
maintain eviction proceedings in respect of the premises. It appears that
Respondent-Insurance Company took a decision to continue the eviction
proceedings on account of induction of Brihan Maharashtra Sugar
Syndicate Ltd. by Baumgartten. By condoning the delay, the report of
the review proceedings submitted by the Respondent-Insurance
Company is taken on record and the Estate Officer directed further
continuation of the eviction proceedings. Petitioners are aggrieved by
the said course of action adopted by the Estate Officer and have filed the
present petitions.
3) As hearing of the petitions progressed, the learned counsel
appearing for the Petitioner, on instructions submits that the premises
PAGE NO. 2 of 3
Thursday, 1 October 2026
Neeta Sawant 6-WP-10716-10715-2019.docx
are in possession only of Baumgartten and that Brihan Maharashtra
Sugar Syndicate Ltd. does not physically occupy the premises. He
further submits that Baumgartten is willing to handover possession of
the premises to the Respondent-Insurance Company. Once possession
is handed over to the Respondent-Insurance Company, nothing really
would survive in the eviction proceedings. So far as arrears of rent is
concerned, parties are free to negotiate the said issue.
4) Accordingly, I proceed to pass the following order :
(i) Statement made on behalf of the Petitioners that the
possession of the premises shall be handed over to the
Respondent-Insurance Company by 20 October 2026 is
accepted and recorded. Accordingly, the Petitioners shall
handover possession of the premises on /or before 20 October
2026.
(ii) Parties shall hold negotiations with regard to the issue of past
rent/damages.
(iii) In the event negotiations relating to rent do not fructify into
successful settlement, the Respondent-Insurance Company
shall be free to adopt such proceedings as may be available in
law for recovery of rent/damages.
5) With the above directions, both the Writ Petitions are
disposed of.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
[SANDEEP V. MARNE , J.]
SAWANT Date:
2026.10.05
15:13:14
+0530
PAGE NO. 3 of 3
Thursday, 1 October 2026
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