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1994 Supreme(Bom) 194

M.L.PENDSE, P.S.PATANKAR
Buthello and Co. and others – Appellant
Versus
State of Maharastra and others – Respondent


JUDGMENT- M.L. PENDSE, J.:---In this batch of petitions, the constitutional validity of the Maharashtra Abolition of Subsisting Proprietory Rights to Mines and Minerals in Certain Lands Act, 1985 is under challenge. It is not necessary to set out the facts of each of the petition and it would be convenient to dispose of all the petitions by common judgment. To appreciate the contentions urged in support of the petitions, brief facts involved in Writ Petition No. 97 of 1986 are set out.

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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