M.L.PENDSE, P.S.PATANKAR
Buthello and Co. and others – Appellant
Versus
State of Maharastra and others – Respondent
In the year 1774, the island of Salsette came within the political sovereignty of the British from the Peshwas. The lands comprising in the Village Chandivali were wholly and inalienably granted by East India Company in favour of Helenus Scott agreement dated August, 30, 1799. By diverse transactions, assignments and conveyances, the lands transferred hands and ultimately the predecessors of the petitioners secured the assignment in the year 1941. The lands were used for mining operations and some time in the year 1960, the Additional District Deputy Collector of Government of Maharashtra demanded royalty amount from the petitioners. The petitioners instituted Suit No. 94 of 1961 on the Original Sid
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