Cops residing in Government Quarters cannot claim Tenancy Rights
The Bombay high court has ruled that a police officer residing in government quarters cannot claim tenancy rights on it. The judgment was given in answer to a petition filed by Tukaram Borade—a former assistant police inspector (API) attached to the Mumbai police.
A former assistant police inspector (API) Tukaram Borade had filed a suit in the small causes court, claiming rights of tenancy over an 800 sq ft apartment allotted to him in JSS Road, Opera House in south Mumbai. The suit was dismissed by the court, following which he moved HC.
Borade, who was dismissed from police service by a disciplinary committee in October 2002, after he was found guilty of assault, was served a notice to vacate his service quarters in September 2004. Borade approached the government seeking six months to vacate the premises. Meanwhile, he filed a civil suit in the small causes court saying that the said premises was a requisition premises under the Bombay Land Requisition Act, 1948. After Borade’s suit was dismissed by the small causes court on November 11, the police department took over the possession of the service quarter. He then filed a petition in the HC.
Assistant government pleader G W Mattos argued that Borade had been dismissed from police service on October 2002 while the order to vacate the premises was passed by a competent authority in September 2004. Borade argued that he did not have an alternative place to stay. However, the government pointed out that he has a flat at Ghatkopar and was still hanging on to the service quarters despite having been dismissed from service.
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