Tony Lopes v. Mumbai International Airport Ltd.
Case brief
What is this about?
Group of first appeals (lead FA 1843/2024) under Section 28-K AAI Act by ex-Air India employees against Eviction Officer orders — eviction from Air India Housing Colony flats; 'airport premises' under S.28-A AAI Act; Chapter V-A eviction procedure; S.28-C show-cause notice; PPE Act held inapplicable; OMDA Clause 2.6.1, Lease Deed 26.04.2006, Supplemental Lease Deed 21.12.2011, Schedule 28 demise to MIAL; AIAHCL HOTO; dual ownership and S.108(h) Transfer of Property Act; Dr. K.A. Dhairyawan v. J.R Thakur; license termination by AISAM decision 29.09.2021 and vacation notices; unauthorised occupation under S.28-A(f); necessary parties (Air India/AIESL/AIATSL/AIAHCL not necessary); S.12-A(4) lessee steps into AAI's shoes; W.P.(L) 19001/2022 and 34307/2022; Supreme Court order 16.02.2024; mode of proof at appellate stage; appeals dismissed with six-week stay.
What did the court decide?
No relief to the Appellants; the Appeals are dismissed and interim applications disposed of. At the request of the Appellants' counsel, the judgment is stayed for a period of six weeks (para 69).