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Supreme Court of India 2025-04-08 allowed

NEHA CHANDRAKANT SHROFF & ANR vs THE STATE OF MAHARASHTRA & ORS

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

The Police Department of Maharashtra occupied two privately-owned flats in Mumbai since 1940 without any written requisition order or lease deed. After the owner's successor sought recovery in 1997 (and again in 2009), the High Court dismissed the writ petition, directing the owner to pursue statutory remedies instead. The Supreme Court allowed the appeal, holding that constitutional writ powers are not fettered by available alternative remedies. Given 84 years of unauthorized occupation, failure to pay rent since 2007, and the patent injustice, the Court directed the Police Department to vacate and return the flats within four months, plus arrears of rent.

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Constitutional Law Writ Jurisdiction Property Rights Police Requisition Article 226 Administrative Law

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