Supreme Court to Mumbai shopkeepers: Pay ₹4.01L each for not evicting NTC premises
The occupants have, however, decided to file review petition, stating that they are not in a position to pay such a huge amount
The Supreme Court (SC) has asked the three shopkeepers who were evicted from Jam Mills in Lalbaug, Mumbai, this year to shell out ₹4.01 lakh each as compensation to the National Textiles Corporation (NTC) for using the premises. The occupants have, however, decided to file review petition, stating that they are not in a position to pay such a huge amount.
The occupants of the three shops at Jam Mills were evicted by officials of NTC – the owner of the land – on January 22, after an SC order allowed the Central government-owned entity to “take forcible possession with the help of police force”.
The latest SC order stated, “The respondents/alleged contemnors, despite giving sufficient opportunity, have failed to deposit the outstanding dues as ordered finally on 09/03/2021. No further indulgence can be shown to the said respondents. If they fail to deposit the amount of ₹4,01,200 on or before 21/10/2021, the registry shall take steps to issue non-bailable warrants against the said respondents and for being produced before this court immediately after being taken into custody (sic).”
The occupants are now filing a review petition saying that they are not in a position to pay such a huge amount.
“We are not in the position to pay at all. Our shops have been taken over by NTC in January and we have no income at all. Where we will get this money from?” questioned Santosh Patange, who ran his readymade garments’ store at Jam Mills. The family had been running the store since 1927.
Similar is the contention made by Meghraj Tendolkar, who is the fourth generation businessman of Tendolkar readymade garment shop.
“We could not open our shop during the Covid-19 lockdown and all our savings have been exhausted. The shop was our only source of income,” he said.
Advocate Nimesh Mehta, who represented the shopkeepers, said he will file a review petition in SC on the matter. He added that he is also challenging the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, in the Bombay high court (HC).
There are 23 shops at Jam Mill, which were issued eviction notices by NTC under the provisions of the Act on the grounds that they were illegal occupants of the premises. While four shopkeepers approached SC, the case pertaining to the other 19 shops is pending in Bombay HC. After SC ruled in favour of NTC, the four shopkeepers were evicted.
NTC officials were unavailable for comment despite several attempts.