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2010 Supreme(Bom) 708

F.I.REBELLO, J.H.BHATIA
Chetan Kamble – Appellant
Versus
State of Maharashtra through its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners:Uday Warunjikar with Manoj Shirsat, Nitesh Bhutekar, Rahul More, Nitin Patil and Paravartak Pathak, Advocates. For the Respondents:R1, V.A. Thorat, Senior Counsel with D.A. Nalawade, Government Pleader, R2, Ravi Kadam, Advocate General with Ms. Geeta Shastri, AGP, R3, Aspi Chinoy, Senior Counsel i/b. Chitnis Vaithy & Co., R4 to R13, D.D. Madon, Senior Counsel with Y.R. Shah, Advocates.

Judgment :-

FERDINO I. REBELLO, J.


Rule. Respondents waive service. They have already filed their replies. With consent of the parties heard forthwith.


2. On March, 13, 2008 this Court passed an order that Writ Petition No.1657 of 2006 be tagged with the P.I.L. On April 3, 2008 direction was given that copies of the petition be given to the Counsel appearing for the petitioner in P.I.L. On 10th July, 2008 an order was passed to produce original records. Further direction was given on 2nd September, 2008 once again in respect of the connected matter. However, arguments have been advanced only in respect of the P.I.L. Petition. The Petition is in respect of property bearing Old S.No.98 now C.T.S. 229. Respondent Nos. 4 to 13 claim title to that land. They shall be referred to as the Gonsalves Family. Respondent No.1 now claims title through them.


3. The relevant facts. The land originally was included in Survey No.98 admeasuring 10 Acres 36 Gunthas and belonged to Khot under grant made to them under a Deed of 1819 with the East India Company. An enquiry was conducted under the Salsette Estate (Land Revenue Exemption Abolition) Act, 1951 hereinafter referred to as the “Act” as to wheth





































































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