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Mr. Brijendra Singh Bidlan vs Airport Authority Of India Thr. Mr. ...
2026 Latest Caselaw 2402 Bom

Citation : 2026 Latest Caselaw 2402 Bom
Judgement Date : 9 March, 2026

[Cites 5, Cited by 0]

Bombay High Court

Mr. Brijendra Singh Bidlan vs Airport Authority Of India Thr. Mr. ... on 9 March, 2026

             Digitally signed
             by SHAGUFTA
SHAGUFTA QUTBUDDIN
   2026:BHC-AS:11481
             PATHAN
QUTBUDDIN
             Date:
PATHAN       2026.03.09                                                            FA-631-2025-group-J.doc
             17:44:49
             +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                                FIRST APPEAL NO. 631 OF 2025
                                                           WITH
                                            INTERIM APPLICATION NO.9089 OF 2025
                                                           WITH
                                           INTERIM APPLICATION NO.16069 OF 2024
                                                            IN
                                                FIRST APPEAL NO. 631 OF 2025

                        Lokesh Ramnath Ramgude,
                        age : 55 years, Occupation : Service in Air India Ltd.,
                        Flat No.06-A, Building No.09,                                 ...Appellant/
                        Old Air India Housing Colony, Kalina,
                                                                                         Applicant
                        Mumbai - 400 029
                                Versus
                        1. Airport Authority of India,
                           Through - Mr. Radhakrishna,
                           Eviction Officer Western Regional
                           Office New Airport Colony
                           Andheri Sahar Road, Mumbai-400 099

                        2. Mumbai International Airport Pvt. Ltd.,
                          Through-Mr. Jeetendra Prakash Sali
                           Representative of MIAL / Adani Group
                           Terminal 1B, 1st Floor, CSMIA,
                           Mumbai - 400 099                                           ...Respondents

                                                          WITH
                                                FIRST APPEAL NO. 251 OF 2025
                                                           WITH
                                            INTERIM APPLICATION NO.1196 OF 2025
                                                            IN
                                                FIRST APPEAL NO. 251 OF 2025

                        Ashok Ramesh Bohat
                        age : 53 years, Occ : Service in Air India Ltd.,


            SQ Pathan                                                                                    1/39




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            Flat No.12-A, 1st Floor, Building No.9,                       ...Appellant/
            Indian Air Lines, 2nd Housing Colony,                            Applicant
            Kalina, Mumbai - 400 029
                    Versus
            1. Airport Authority of India,                                ...Respondents
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 250 OF 2025
                                               WITH
                                INTERIM APPLICATION NO.1195 OF 2025
                                                IN
                                    FIRST APPEAL NO. 250 OF 2025

            Bhimrao Mahadeo Chavan
            age : 51 years, Occ : Service in Air India Ltd.,
            Flat No.3/A, 1st floor, Building No.40,
            Air India 1st Housing Colony,
                                                                          ...Appellant/
            [Old Air India Housing Colony], Kalina,
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group


SQ Pathan                                                                                    2/39




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               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                           ...Respondents

                                               WITH
                                    FIRST APPEAL NO. 254 OF 2025
                                               WITH
                                INTERIM APPLICATION NO.1201 OF 2025
                                                IN
                                    FIRST APPEAL NO. 254 OF 2025

            Vinay Kumar Choudhary
            age : 45 years, Occ: Service in Air India Ltd.,
            Flat No.12/C, 2nd Floor, Building No.2CC,
            Eviction Case No.228 of 2023
                                                                          ...Appellant/
            Residence-Indian Air Lines, 2nd Housing Colony,
            Kalina, Mumbai - 400 029                                         Applicant

                    Versus
            1. Airport Authority of India,                                ...Respondents
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 463 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16079 OF 2024
                                                IN
                                   FIRST APPEAL NO. 463 OF 2025

            Sunita Ashok Gaikwad
            age : 56 years, Occ : Service in Air India Ltd.,



SQ Pathan                                                                                    3/39




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            Eviction Case No.75 of 2023
            Flat No.29-B, Building No.04,                                 ...Appellant/
            Old Air India Housing Colony, Kalina,                            Applicant
            Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                             ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 472 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16072 OF 2024
                                                IN
                                   FIRST APPEAL NO. 472 OF 2025

            Avinash Bhimrao Sonawane
            age : 53 years, Occ : Service in Air India Ltd.,
            Flat No.09, Building No.15,                                   ...Appellant/
            Old Air India Housing Colony, Kalina,
                                                                             Applicant
            Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group


SQ Pathan                                                                                    4/39




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               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                          ...Respondents

                                              WITH
                                   FIRST APPEAL NO. 462 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16076 OF 2024
                                                IN
                                   FIRST APPEAL NO. 462 OF 2025

            Arun Shinde
            age : 57 years, Occ: Service in Air India Ltd.,
            Flat No.24, Building No.03,                                  ...Appellant/
            Old Air India Housing Colony, Kalina,
                                                                            Applicant
            Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                            ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 460 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16070 OF 2024
                                                IN
                                   FIRST APPEAL NO. 460 OF 2025

            Ranvir Ghogaliya
            age : 55 years, Occ: Service in Air India Ltd.,
            Eviction Case No.50 of 2023



SQ Pathan                                                                                   5/39




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            Flat No.1, Building No.1,
            Old Air India Housing Colony, Kalina,                         ...Appellant/
            Mumbai - 400 029                                                 Applicant
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                             ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 471 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16068 OF 2024
                                                IN
                                   FIRST APPEAL NO. 471 OF 2025

            Vidyanand Jaiwantrao Chikhalikar
            age : 47 years, Occ : Service in Air India Ltd.,
            Eviction Case No. 48 of 2023
            Flat No.11-B, Building No.15,
                                                                          ...Appellant/
            Old Air India Housing Colony, Kalina,
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group


SQ Pathan                                                                                    6/39




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               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                           ...Respondents

                                              WITH
                                   FIRST APPEAL NO. 632 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16078 OF 2024
                                                IN
                                   FIRST APPEAL NO. 632 OF 2025

            Rakesh Gohain
            age : 56 years, Occ : Service in Air India Ltd.,
            Eviction Case No. 64 of 2023
            Flat No.47, Building No.05,
                                                                          ...Appellant/
            Old Air India Colony, Kalina,
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                             ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 473 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16082 OF 2024
                                                IN
                                   FIRST APPEAL NO. 473 OF 2025

            Suryakant C. Shikare
            age : 50 years, Occ : Service in Air India Ltd.,



SQ Pathan                                                                                    7/39




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            Eviction Case No. 74 of 2023
            Flat No.06-A, Building No.09,                                ...Appellant/
            Old Air India Housing Colony, Kalina,                           Applicant
            Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                            ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 464 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16083 OF 2024
                                                IN
                                   FIRST APPEAL NO. 464 OF 2025

            C. M. Sonawane
            age : 56 years, Occ : Service in Air India Ltd.,
            Flat No.25, Building No.16,                                  ...Appellant/
            Old Air India Colony, Kalina,
                                                                            Applicant
            Mumbai - 400 029
                     Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group


SQ Pathan                                                                                   8/39




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                Terminal 1B, 1st Floor, CSMIA,                            ...Respondents
                Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 469 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16075 OF 2024
                                                IN
                                   FIRST APPEAL NO. 469 OF 2025

            Karnal Nersingrao
            age : 60 years, Occ : Service in Air India Ltd.,
            Flat No.8, Building No.20B,
            Indian Air India Colony, Kalina,
                                                                          ...Appellant/
            Eviction Case No. 308 of 2023
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                             ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 475 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16074 OF 2024
                                                IN
                                   FIRST APPEAL NO. 475 OF 2025

            Sunil Maruti Pote
            age : 52 years, Occ: Service in Air India Ltd.,
            Eviction Case No. 57 of 2023


SQ Pathan                                                                                    9/39




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            Flat No.108, Building NoA,
            Old Air India Colony, Kalina,                                 ...Appellant/
            Mumbai - 400 029                                                 Applicant
                     Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                             ...Respondents
               Mumbai - 400 099

                                              WITH
                                   FIRST APPEAL NO. 474 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16081 OF 2024
                                                IN
                                   FIRST APPEAL NO. 474 OF 2025

            Bhupendra D. Worlikar
            age : 56 years, Occ : Service in Air India Ltd.,
            Flat No.08-A, Building No.1,
            Old Air India Colony, Kalina,
                                                                          ...Appellant/
            Mumbai - 400 029
                                                                             Applicant
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group


SQ Pathan                                                                                   10/39




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               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                           ...Respondents

                                              WITH
                                   FIRST APPEAL NO. 465 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16073 OF 2024
                                                IN
                                   FIRST APPEAL NO. 465 OF 2025

            S. P. Salunke
            age : 57 years, Occ : Service in Air India Ltd.,
            Eviction Case No. 259 of 2023
            Flat No.2-A, Building No.06,
                                                                          ...Appellant/
            Old Air India Colony, Kalina,
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                           ...Respondents

                                              WITH
                                   FIRST APPEAL NO. 470 OF 2025
                                              WITH
                               INTERIM APPLICATION NO.16080 OF 2024
                                                IN
                                   FIRST APPEAL NO. 470 OF 2025

            Harish Karbhari Deshmukh
            age : 53 years, Occ : Service in Air India Ltd.,


SQ Pathan                                                                                   11/39




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            Flat No.8, Building No.01,
            Old Air India Colony, Kalina,                                 ...Appellant/
            Mumbai - 400 029                                                 Applicant
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                           ...Respondents

                                               WITH
                                    FIRST APPEAL NO. 468 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.951 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 468 OF 2025

            Ravindra Dhondiba Gole
            age : 55 years, Occ : Service in Air India Ltd.,
            Eviction Case No. 269 of 2023
            Flat No.7-A, Building No.17,
                                                                          ...Appellant/
            Old Air India Colony, Kalina,
            Mumbai - 400 029                                                 Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali



SQ Pathan                                                                                   12/39




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               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                            ...Respondents
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 246 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.939 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 246 OF 2025

            Brijendra Singh Bidlan
            age : 55 years, Occ: Service in Air India Ltd.,
            Eviction Case No. 240 of 2023
            Flat No.7-A, Building No.02,
                                                                         ...Appellant/
            Old Air India Colony, Kalina,
            Mumbai - 400 029                                                Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                            ...Respondents
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 253 OF 2025
                                               WITH
                                INTERIM APPLICATION NO.1200 OF 2025
                                                IN
                                    FIRST APPEAL NO. 253 OF 2025

            S. L. Vanmala
            age : 56 years, Occ: Air India Service,


SQ Pathan                                                                                  13/39




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            Flat No.3-A, Building No.5, 1st Floor,
            Old/New/Air India/ Indian Airlines Old/New Colony,          ...Appellant/
            Kalina, Santacruz (East),                                      Applicant
            Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                         ...Respondents

                                               WITH
                                    FIRST APPEAL NO. 245 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.981 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 245 OF 2025

            S. Raviraj Nayak
            age : 53 years, Occ: Air India Service,
            Flat No.11-A, Building No.44, 1st Floor,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali


SQ Pathan                                                                                 14/39




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               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                         ...Respondents

                                               WITH
                                    FIRST APPEAL NO. 252 OF 2025
                                               WITH
                                INTERIM APPLICATION NO.1198 OF 2025
                                                IN
                                    FIRST APPEAL NO. 252 OF 2025

            Arvind K. Jadhav
            age : 55 years, Occ: Air India Service,
            Flat No.3-A, Building No.3,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
               Mumbai - 400 099                                         ...Respondents

                                               WITH
                                    FIRST APPEAL NO. 244 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.980 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 244 OF 2025




SQ Pathan                                                                                 15/39




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            K. K. Kohli
            age : 48 years, Occ: Air India Service,
            Flat No.8-A, Building No.5, 1st Floor,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                           ...Respondents
               Mumbai - 400 099

                                           WITH
                                FIRST APPEAL NO. 256 OF 2025
                                           WITH
                        INTERIM APPLICATION (STAMP) NO.37654 OF 2024
                                             IN
                                FIRST APPEAL NO. 256 OF 2025

            Sudhakar N. Bhawar
            age : 55 years, Occ: Air India Service,
            Flat No.19-A, Building No.06,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099




SQ Pathan                                                                                 16/39




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            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
                                                                        ...Respondents
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 248 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.941 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 248 OF 2025

            Rohini R. Vandakar
            age : 42 years, Occ: Air India Service,
            Flat No.1-B, Building No.44,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                           ...Respondents
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 249 OF 2025
                                               WITH
                                INTERIM APPLICATION NO.1193 OF 2025
                                                IN
                                    FIRST APPEAL NO. 249 OF 2025



SQ Pathan                                                                                 17/39




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            Ashok A. Kamble
            age : 56 years, Occ: Air India Service,
            Flat No.20-A, Building No.06,                               ...Appellant/
            Indian Airlines Colony, Kalina,
                                                                           Applicant
            Santacruz (East), Mumbai - 400 029
                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099

            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,                           ...Respondents
               Mumbai - 400 099

                                               WITH
                                    FIRST APPEAL NO. 247 OF 2025
                                               WITH
                                 INTERIM APPLICATION NO.953 OF 2025
                                                 IN
                                    FIRST APPEAL NO. 247 OF 2025



            S. R.Patil
            age : 55 years, Occ: Air India Service,
            Flat No.5-A, Building No.7,
            Old/New/Air India/ Indian Airlines Old/New Colony,
                                                                        ...Appellant/
            Kalina, Santacruz (East),
            Mumbai - 400 029                                               Applicant

                    Versus
            1. Airport Authority of India,
               Through - Mr. Radhakrishna,
               Eviction Officer Western Regional
               Office New Airport Colony
               Andheri Sahar Road, Mumbai-400 099



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            2. Mumbai International Airport Pvt. Ltd.,
              Through-Mr. Jeetendra Prakash Sali
               Representative of MIAL / Adani Group
               Terminal 1B, 1st Floor, CSMIA,
                                                                        ...Respondents
               Mumbai - 400 099
                                          ------------

            Mr. Kishor Dhoke i/b Mr. Nitin Satpute for the Appellants/Applicants in all
            matters

            Ms. Shilpa Kapil for the Respondent No.1-AAI

            Mr. Vikram Nankani, Senior Advocate i/b Wadia Ghandy and Co., for the
            Respondent No.2-Mumbai Airport.
                                        ------------
                                  CORAM              : SHARMILA U. DESHMUKH, J.
                                  RESERVED ON        : 2nd FEBRUARY, 2026
                                  PRONOUNCED ON : 9th MARCH, 2026

            JUDGMENT :

1. The present group of appeals is filed under Section 28-K of the

Airports Authority of India Act, 1994 (for short, "AAI Act"), challenging

the orders passed by the Eviction Officer under Section 28-B of the AAI

Act directing the eviction of the Appellants from the subject airport

premises.

2. The Appellants in the present appeals are identically situated

as the Appellants in First Appeal No. 1843 of 2024 and connected

appeals, which came to be dismissed vide judgment dated 15 th July,

2025 passed by this Court upholding the individual eviction orders. The

common judgment of 15th July, 2025 was challenged by way of SLP (C)

FA-631-2025-group-J.doc

No 22724 of 2025, which was dismissed by the Hon'ble Apex Court vide

order dated 30th November, 2025 and time was granted to handover

vacant possession of the residential premises up to 30 th November

2025 upon filing the undertaking to that effect with the Registrar of

this Court.

3. The present group of appeals challenge identical eviction

orders passed under the AAI Act by the Eviction Officers. With consent,

First Appeal No. 631 of 2025 was taken as lead petition, and the facts

of the said case are referred to for factual clarity.

4. Vide impugned order dated 14th November, 2024, the Eviction

Officer, in exercise of powers conferred under Section 28-B(1) and (2)

of the AAI Act, ordered eviction of the Appellant, who is an employee

of Air India Airport Services Ltd. ("AIASL") and claims to be in

authorized occupation of the airport premises. The eviction orders

came to be passed upon the application filed by Respondent No. 1

contending that the Appellant is employee of AIASL and is

unauthorised occupation of the airport premises. The application set

out the dis-investment process, the decision to permit the Air India

employees to stay in the residential colonies post disinvestment for a

period of 6 months or till the property is monetized, whichever is

earlier, the previous litigation between the parties and the orders

FA-631-2025-group-J.doc

passed by Bombay High Court, Madras High Court and the Hon'ble

Apex Court.

5. Upon arriving at a satisfaction that sufficient cause is made out,

show cause notice dated 4th October 2023 was issued under the AAI

Act to show cause as to why an order of eviction should not be passed.

The response of the Respondent No.1 therein, who is the Appellant

herein, was that the representative of all Scheduled Castes/Scheduled

Tribes Air India Employees had filed Criminal Writ Petition No. 5134 of

2022 before the Bombay High Court against illegal eviction, and a

criminal complaint registered as M.A. SC/ST Case No. 1091 of 2023

against various persons, before the Hon'ble Special Court City Sessions

Court, Mumbai established under Section 14(1) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for

short, "SC/ST Act"). The contention was that Section 15-A(8)(c) of the

SC/ST Act restrained the Respondents from the act of eviction and that

the Air India Employees had entered into an agreement with

Respondent No. 2- AAI, for implementation of the reservation policies.

The locus of Respondent No 1 was questioned and there was denial to

the grounds of eviction.

6. The counter of the Respondent No. 1 inter alia stated that it is

neither a party to the criminal writ petition nor to the criminal

FA-631-2025-group-J.doc

complaint and that there are no orders granting stay to the present

eviction proceedings.

7. The issues which were framed by the Eviction Officer reads as

under:

"(a) Whether Applicant can initiate Eviction proceedings under

chapter V-A of the AAI Act 1994,

(b) Whether the Ld. Eviction Officer has jurisdiction to try,

entertain and decide the eviction proceedings initiated against

Respondent No. 1,

(c) Whether Respondent No. 1 proves that he/she is not in

unauthorized occupation of the subject premises as described in

the schedule of the Eviction Application filed by the Applicant ?

(d) What Order?

(e) What Costs?"

8. The issues were answered in favour of the Respondent No.1

herein, and eviction orders were passed. Hence, the present appeals.

9. Mr. Dhoke, learned Counsel appearing for the Appellant, would

submit that the AAI carried out the project of alleged disinvestment of

the airport site, Mumbai, through a tender floated in the year 2002-

2003, in which G.V.K. Reddy was the lowest bidder, and an agreement

was executed between the AAI and G.V.K. Reddy on 26 th April 2006 for

disinvestment of the airport site, which included the colony quarters.

FA-631-2025-group-J.doc

He would submit that the Madras High Court had partially accepted the

demand by the Union therein, of the reservation for SC/ST/OBC

category employees in recruitment and promotion to be continued and

had observed that the bidder is obligated to use best endeavour for

the first year to provide adequate job opportunities to SC/ST persons.

He would further submit that the employees belonging to the

members of the SC/ST community filed interim application in the writ

petition before this Court challenging the disinvestment alleging

change of service rules, which came to be disposed of with liberty to

the applicants to file a separate writ petition. He submits that

thereafter, the Air Corporation SC/ST Employees Association filed

Criminal Writ Petition No. 5134 of 2022, which is pending and it is

during the pendency of the criminal writ petition, that recoveries were

started against the employees, which led to filing of police complaint

against the alleged illegal acts of the Secretary of Ministry of Civil

Aviation (`MOCA') and officers of Air India Ltd. He would submit that

as there was inaction of police, the Air Corporation SC/ST Employees

Association filed a criminal case against Secretary of MOCA and two

officers of Air India Ltd., Mumbai, before the Hon'ble Special Court

established under Section 14(1) of the SC/ST Act, and in the said

proceeding, the AAI, MOCA through its Secretary, Air India Assets

Holding Company, and Commissioner of Police, were made parties. He

FA-631-2025-group-J.doc

submits that during the pendency of the criminal writ petition before

this Court and the criminal complaint before the Special Court, the

Respondent No.1- MIAL initiated eviction proceedings, by reason of

which, application was filed against the Eviction Officer, the Senior

Superintendent of Air India Ltd., and representative of MIAL. He

further submits that the question which arises before the Special Court

and the eviction proceedings is, as to who is the proper and valid

Eviction Officer, under which Act i.e. PPE Act or AAI Act and as to

whether the reservation policies applicable to members of the SC/ST

employees are followed or not. He submits that the Eviction Officer

has passed the final order, in which there is reference to Lease Deed

Agreement dated 26th April 2006 and supplementary Lease Deed

Agreement executed on 21st December 2012 i.e. alleged Lease Deeds

are in the name of G.V.K. Reddy and not between AAI and Adani Group

nor between MIAL and Adani Group. He would further submit that

after final eviction orders were issued by Eviction Officer/AAI, MIAL

sealed 27 quarters along with household articles of employees in their

absence, and that some employees have thereafter vacated and some

appeals were withdrawn. He submits that the Air Corporation SC/ST

Employees Association has filed an application before the Special

Court to call for certain records and documents, which were directed to

be called for by the Special Court vide order dated 27 th September

FA-631-2025-group-J.doc

2024. He submits that the original and authenticated documents i.e.

Lease Deeds of 2006 and 2012 along with the map of alleged

disinvestment of Air India Airport, Mumbai, are required to be called

for effective adjudication. He submits that the contention of the

Respondent No. 1 is that they do not have these documents or that

they are confidential documents.

10. Mr. Nankani, learned Senior Advocate appearing on behalf of

the Respondent No. 2 would submit that the contentions raised by the

Appellant in the present case are covered by the judgment dated 15 th

July 2025 and the additional issues raised in the present case are as

regards the application of reservation policy. He submits that the

Appellant was allotted the subject premises upon entering into a leave

and license agreement in the form of an undertaking dated 21 st August

2018 in accordance with the Air India Housing Allotment Rules. He

draws attention of this Court to the Rules and submits that the Rules

provide for the allotment by way of grant of license, and reservation

policy is applicable only at the time of allotment. He submits that the

housing colony lands were duly acquired by AAI and are airport

premises within the meaning of Chapter V-A of the AAI Act. He submits

that under OMDA, the Respondent No. 2 was obligated to ensure that

the airport land was handed over free from encumbrances, and that

FA-631-2025-group-J.doc

pursuant to the execution of OMDA, the Lease Deed of 2006 and the

Supplementary Lease Deed of 2011 were executed, to which the

master plan of the entire demised land and carved out assets was

annexed. He submits that the housing colony lands were leased to

MIAL by virtue of the said Lease Deeds and Supplementary Lease Deed,

which makes specific reference to the housing colony lands.

11. He would further submit that contempt proceedings were filed

before Sessions Court in pending Criminal Misc. Application being

SC/ST No. 1901 of 2023, where neither the Eviction Officer nor

representative of MIAL were originally made party to the criminal

applications and the same has been dismissed by the Hon'ble Sessions

Court vide order dated 2nd February 2024. He submits that the

Sessions Court has held that the submission as regards the eviction

notice being served to cause harassment and humiliation to member of

the SC/ST community, is prima facie inconsiderable and unreliable and

that the order passed by various forums are applicable to all the

employees including SC/ST employees, who are not excluded in any

manner. He submits that the Association has filed an application

before the Hon'ble Sessions Court to restrain the implementation of

the eviction orders passed by the Eviction Officer, which application

has been rejected by the Sessions Court. He submits that the Hon'ble

FA-631-2025-group-J.doc

Sessions Court has observed that the issue concerning accommodation

has also been addressed by the High Court and the Apex Court and

would apply to all employees, including those of the Association, and

has therefore rejected the application. He submits that the finding of

the Hon'ble Sessions Court is that no prohibitory order could be issued.

12. He would submit that insofar as the Interim Application filed by

the Appellants are concerned, seeking production of the Lease Deed

and Supplementary Lease Deed, an affidavit-in-reply has been filed

clearly recording that notarized copy of the Lease Deed and

Supplementary Lease Deed both executed between the AAI and MIAL

are part of the eviction application. He would further submit that the

provisions of the SC/ST Act do not apply as MIAL has taken action

against all occupants without any discrimination and there is no caste

based discriminatory action. He submits that the Appellants do not

enjoy any special rights to continue in occupation on account of their

status as SC/ST as contended and that the reservation policy applies

only at the time of allotment. He submits that the Appellants are mere

licensees and are bound to vacate upon determination of the license.

13. The points arising for determination :

(a) Whether the eviction orders passed under the AAI

Act deserves interference ?

FA-631-2025-group-J.doc

(b) Whether the pendency of criminal proceedings would bar

the eviction of the employees upon being found to be in

unauthorised occupation ?

14. In the earlier group of Appeals, the Court framed the following

points for determination:

"1. Whether upon execution of OMDA on 4 th April, 2006, the housing

colony lands and the super structures constructed thereon were

demised by Airports Authority of India in favour of Applicant under the

Lease Deed dated 26th April, 2006 and Supplemental Lease deed

dated 21st December, 2011?

2. Whether upon dis-investment of Air India Limited, the housing

colony lands and/or the super structure stand transferred to AIAHCL?

3. Whether the residential accommodation constitutes Airport

premises giving jurisdiction to the Eviction Officer under the AAI Act

and not the Estate Officer under PPE Act?

4. Whether the license granted by Air India Limited to the employees in

respect of the housing accommodation has been terminated by Air

India Limited?

5. Whether the action of eviction could be initiated only at the instance

of Air India/AIESEL and not by Applicant or Airports Authority of India?

6. Whether AIAHCL, Air India Limited/ AIESL/ AIATSL are necessary

parties to the proceedings?

FA-631-2025-group-J.doc

7. Whether Respondent No.1-employees are unauthorised occupants

of the airport premises?

15. The findings on the issues were summarised in the concluding

paragraph 67 of the judgment dated 15th July, 2025, as under:

"(a) The lands on which the housing colonies are located are owned by

Airport Authority of India and constitute airport premises under

Section 28-A of AAI Act.

(b) The lease hold rights in the housing colony lands stand

transferred to Mumbai International Airport Ltd upon disinvestment

of Air India Ltd. As the housing colonies constructed on the airport

land yield to the lessor on disinvestment, the same constitutes airport

premises. In any event AIAHCL has handed over the possession of the

housing colonies to Mumbai International Airports Ltd.

(c) The housing accommodation facility advanced by Air India Ltd to its

employees stood withdrawn and leave and license stood terminated

and time was given by the Hon'ble Division Bench to vacate the

premises by 24th September, 2022.

(d) No right in the housing colonies lands or the housing colonies

remained with Air India Ltd upon disinvestment and no such right can

be claimed by its employees.

(e) As the subject lands and housing colonies constitute airport

premises and are required for purpose of airport, it is the AAI Act

which will be applicable and not PPE Act."

FA-631-2025-group-J.doc

16. The findings of this Court passed in respect of identically

situated employees vide judgment dated 15 th July, 2025 have attained

finality upon dismissal of SLP by the Hon'ble Apex Court. Mr. Dhoke

has raised the issue of jurisdiction of the Eviction Officer, the locus of

Respondent No. 2-MIAL to initiate eviction proceedings and the

premises not being airport premises, which issues stand concluded by

the judgment dated 15th July, 2025. As this Court has already upheld

the jurisdiction of Eviction officer, the locus of MIAL and the premises

being airport premises, the same findings cover the issues in present

case as it is not shown that the employees situated herein are not

identically situated.

17. The additional contentions raised in the present group of

Appeals is as regards the impact of the status of the Appellants as

members of the SC/ST community on the eviction proceedings and the

eviction orders are claimed to be in violation of the rights of the

Appellants who belong to SC/ST status. The right to continue in the

residential accommodation is premised broadly on (a) order of Madras

High Court which partially accepted the demand of reservation of

SC/ST/OBC category employees in recruitment and promotion (b) the

pendency of Criminal Writ Petition No 5134 of 2022, Criminal M.A.

SC&ST/ 1091 of 2023, contempt application under Section 15A(8) (c) of

FA-631-2025-group-J.doc

SC/ST Act, and, (c) reservation policy under Article 16(4) of

Constitution of India.

18. The Eviction Officer has considered the submissions on the

applicability of SC/ST Act and has recorded its findings in paragraph 42,

45 and 46 as under:

"42. I have noted Mr. Dhokes submissions on the SC/ST POA Act. Section 3(1)(z) of the SC/ST POA Act provides that any person who "forces or causes a member of Schedule Caste or a Schedule Tribe to leave his house, village or other place of residence" shall be punishable with imprisonment or fine as set out in the SC/ST POA Act. In the present case, the premises in question were allotted to Respondent No. 1 on license basis by his employer i.e. Air India by virtue of his employment. As such, Respondent No. 1 does not have any separate or exclusive right in respect of the subject Airport Premises and at best can claim only through Air India. The Government of India in the AISAM decision dated 29th September, 2021 which was communicated to all employees called upon all employees to vacate the housing colony accommodations within 6 months of disinvestment. At this stage no special provision was made in respect of employees belonging to the SC/ST Community. Upon its disinvestment Air India's right in the Housing Colonies stood extinguished. Air India's decision to call upon employees to vacate the housing colony accommodations was challenged by various Unions before the Hon'ble Madras High Court as well as the Hon'ble Bombay High Court. All these orders have been placed on record and have been perused by me. None of these orders make any exception in respect of employees belonging to SC/ST community. This being the case, I am inclined to dismiss the Representation made by Respondent No. 1 that the eviction application should be rejected or kept in abeyance till the hearing

FA-631-2025-group-J.doc

of various criminal proceedings filed by one Air Corporation Employees Association.

45. Notably Respondent No. I had filed an application under Section 15A(8)(c) for ad interim relief against the Respondents therein and Contemnors for restraining them with interfering in any related or unrelated pending matters without prior permission of the special court and for initiating the contempt proceeding against the Respondents therein and Contemnors. The Respondent No. I claims that this office was also impleaded as a Contemnor though no papers and proceedings have been served on this office. The Hon'ble Sessions Court by an Order dated 2 nd February, 2024 rejected the contempt petition as being devoid of merits. The Hon'ble Court held that the submission of complainant that they being members of SC and ST, and that the eviction notices are served with an intention to cause harassment and humiliation to them, are prima-facie inconsiderable, unappreciable and unreliable. The Hon'ble Court held that the members of SC ST shall not have a separate and independent distinct status to have the relief sought by them and the orders passed by various forums are applicable to all the employees including the SC/ST employees who were not excluded in any manner.

46. The Applicant has followed due process of law by initiating proceedings under Chapter V-A of the AAI Act. After issuance of Show Cause Notice ample opportunity was granted to the Respondent No. 1 to file submissions and advance arguments. Respondent No. I has availed of this opportunity and filed submissions which have been duly considered. Therefore, the allegation that there has been any violation of the Constitution of India is unfounded and is rejected."

19. It is not disputed that the allotment of accommodation was

under the Air India Housing Allotment Rules, 2017, which Rules are

FA-631-2025-group-J.doc

framed for allotment of company residence by Air India. Rule 5 dealing

with the procedure for allotment provides that in case of housing

colony allotment, a list will be drawn up calling for options from

amongst eligible permanent employees and the employees will be

offered flats as per their turn in the list. Rule 6 which deals with

reservation in the allotment of quarters for SC/ST employees provides

for percentage of reservation in the specific types of flats. The Rules

would indicate that at the time of allotment of quarters, certain

percentage in specified types of flats were reserved for SC/ST

employees, who got preferential allotment. The said Rule cannot be

stretched to mean that once the residential accommodation is allotted

to SC/ST employees out of the reserved flats, irrespective of whether

the license stands terminated or whether Air India Ltd itself stood

divested of any right in the residential accommodation, the allotment

continues in perpetuity by reason of reservation of flats and the SC/ST

employee cannot be evicted even upon termination of the leave and

license agreement. Rule 20 provides that the allottees to whom

residence are allotted are only licensees. The Rules makes it evident

that the reservation criteria applied at the time of allotment of the

residential accommodation and upon termination of the leave and

license agreement, all employees who accepted the residential

accommodation under the leave and license agreement are bound to

FA-631-2025-group-J.doc

vacate the premises. No right accrues to SC/ST employee in the

residential premises upon termination of leave and license agreement

under which allotment was made.

20. The reliance of Mr. Dhoke on the directions of the Madras High

Court in Writ Petition No 25568 of 2021 is clearly misplaced. The

direction of Madras High Court was in context of the demand raised for

reservation for SC/ST/OBC category employees in recruitment and

promotion and refers to the job opportunities. The direction cannot be

read to mean reservation and continued extension of the housing

accommodation to the employees of Air India who belong to the SC/ST

category.

21. As far as the pendency of criminal proceedings before this

Court and Sessions Court is concerned, the proceedings will take its

own course and does not impact the eviction orders passed under the

AAI Act. The copy of the Criminal Writ Petition No 5134 of 2022 is not

placed on record and search of the official website of the Court

indicates that the Petition was dismissed for non prosecution. Having

upheld the jurisdiction of the Eviction Officer under the AAI Act, the

pendency of the criminal proceedings is immaterial consideration while

deciding the validity of the eviction order. Even considering the

Sessions Court proceedings, Mr. Nankani has placed on record the

FA-631-2025-group-J.doc

order dated 2nd February, 2024 passed by the Hon'ble Sessions Court in

application below Exhibit 5 in Criminal M.A. SC/ST No. 1091 of 2022,

which application was filed during the pendency of the eviction

proceedings. The Hon'ble Sessions Court considered the provisions of

the SC/ST Act as well as the past litigation and orders passed by this

Court and the Hon'ble Apex Court. It held that merely relying on the

provisions of Section 15-A(8)(c) of the SC/ST Act is inconsiderable and

inappreciable. It noted that the issue is concerning all the employees

and the SC/ST members have not been externed or excluded in any

manner and rejected the interim application. Subsequently, the

eviction orders came to be passed pursuant to which another

application was filed before the Sessions Court below Exhibit 37 under

Section 15-A(8)(c) of the SC/ST Act for the purpose of restraint against

the implementation of the final orders of eviction. The Hon'ble Special

Court declined to grant any prohibitory relief and dismissed and

disposed of the application. The Appellant made another attempt

before the Sessions Court to prohibit execution of the eviction

proceeding without permission of the Sessions Court. Vide order dated

25th October, 2024, the Sessions Court rejected the application. The

orders of the Hon'ble Sessions Court would indicate that the Sessions

Court has taken into consideration the fact that it is not only the

employees belonging to the SC/ST Caste who have been subjected to

FA-631-2025-group-J.doc

the orders of eviction and that the same are passed against all the

employees. The dismissal of the application would itself indicate the

non-applicability of the provisions of the SC/ST Act in the facts and

circumstances of the present case. The order of Sessions Court is not

shown to have been challenged further. No assistance can, therefore,

be drawn by the Appellants from the provisions of the SC/ST Act.

22. The Appellants seeks to rely on the provisions of Section 3(1)(z)

of the SC/ST Act, to counter the eviction proceedings. Section 3 of the

SC/ST Act provides for punishment for offences for atrocities and

Section 3(1)(z) provides that forcing or causing a member of Schedule

Caste or a Schedule Tribe to leave his house, village or other place of

residence constitutes an offence. According to Appellant, by reason of

Section 3(1)(z), even after eviction orders are passed after following

due procedure of law, the SC/ST employees cannot be evicted from

their residence. The contention proceeds on complete misreading of

the said provision. The action of eviction being an action taken in

accordance with law cannot constitute an offence under Section 3(1)(z)

of SC/ST Act. Accepting the contention would lead to a consequence

that no member of SC/ST can ever be evicted from the premises

occupied by it, whether tenanted or owned or allotted even in

accordance with the procedure known to law. The same cannot be said

FA-631-2025-group-J.doc

to be the import of Section 3(1)(z) of the SC/ST Act. The action of

eviction is initiated against all employees of Air India Ltd after the

disinvestment process without any discrimination and would not

amount to an offence committed against an employee by reason of

his/her caste. The Appellant being licensee are bound to vacate upon

termination of their license and no special rights accrue to the

Appellant by reason of their status as SC/ST.

23. Under Article 16(4) of Constitution of India, the State may make

provision for the reservation of appointments or posts in any backward

class of citizens, which in the opinion of State, is not adequately

represented in the services under the State. The reservation under

Article 16(4) has no relevance to the present case where after the

disinvestment process, the leave and license stands terminated and the

employees are required to vacate the allotted premises.

24. The decision to evict the Appellant is assailed as breach of

SC/ST Act. The said contention is devoid of merits. The action is taken

against all occupants of residential colonies without any discrimination.

It is not shown that the occupants belonging to SC/ST have been

selectively targeted. There is no question of the eviction orders being

in breach of SC/ST Act, which orders are passed after due process of

law. The caste of the Appellant is irrelevant in present context, where

FA-631-2025-group-J.doc

all occupants are similarly situated as licensees of the residential

accommodation. The termination of the license's amounts to all

occupants being rendered unauthorised occupants.

25. The other submission raised is that the Special Court vide order

dated 27th September 2024 has directed the Respondents to produce

the authenticated copy of the documents which has not been complied

with. The directions by the Special Court has no bearing to the facts of

present case which pertains to the validity of the eviction orders. In the

present First Appeal, an Interim Application has been filed in directing

the respondents to produce the Lease Deeds of 2006 and 2011 along

with copy of alleged disinvestment of Air India Airport. These

documents were already placed on record before the Eviction Officer

and has been considered by this Court in the judgment dated 15 th July

2025. This Court has considered the various clauses of OMDA dated 4 th

April 2006, the Lease Deed dated 26th April 2006 and the

Supplementary Lease Deed dated 21st December 2011. It is contended

by the respondent No.2 that these documents pertaining to the

privatization of Mumbai Airport are available on MOCA Website and

there was no inspection of the original papers sought by the

Appellants. The contention that the agreements were not produced is

completely devoid of merits.

FA-631-2025-group-J.doc

26. In light of the above findings, the Appeals are without merit

and stand dismissed. Interim Applications do not survive for

consideration and stand disposed of. Time of four weeks is granted to

the Appellants to vacate their respective premises.

SHARMILA U. DESHMUKH, J.

 
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