PUBLIC PREMISES (Eviction of unauthorized occupants) Act 1971

1) That the show cause notice was received late,
2) The respondent was a tenant and not a licensee and hence his case was covered under the Transfer of
Property Act.
3) That the respondent had filed suit against the termination of license notice in the Thane Civil Court and that the
court had passed an order that the respondent should not be evicted without following due process of law.
The Petitioner gave inspection of documents relied upon by them to the advocate of respondent namely the copy of
the approved Site Plan prepared for remodeling of the Station building and improvement of the circulating area.
The document have been placed in the record of the case. The copy of site plan is provided to advocate of
respondent.
Written evidence of Shri SHIV KUMAR Assistant Engineer of the petitioner was duly recorded wherein he had stated
that the space is required for remodelling of station at Mumbra and that the stalls were causing a lot of
congestion and inconvenience to commuters. He has also deposed that number of passengers using Mumbra
Rly station has increased considerably over the years and that the stalls cause congestion in the present day
circumstances. He has also explained the drawing before me wherefrom it can be seen that the booking office is
to be made and that the shops are required to be removed to ease congestion in station circulating area.
Railway witness was cross-examined by advocate Gautam. Under cross the witness has admitted that the work of
remodelling is going on, he has stated that new booking office has come up and old booking office is removed.
He has further stated that remodelling work has started about 2 years back and is going on at present and that
the shops are hindrances. The copy of evidence and cross-examination was given to advocate for respondent.
The respondents led evidence through on Shri Swaminath Gupta the same was adopted for all the 11 stalls by
advocate Gautam. Shri Swaminath Gupta stated that the land belongs to Railways but the structure belonged to
individual stall holders. He also stated that the Rly’s have already made the new booking office. He stated that
TMC has demolished some shops at Mumbra and that, he also stated that their stalls were not causing any
congestion as alleged. He has deposed that before he is removed he should be given alternative
SRCETC/TBM