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 whether the lands originally given to ex-Khot of Kurla had been appropriated prior to the passing of the Act. Survey No.98 was also included in the subject matter . When the enquiry had started an area of 5 Acres 16 Gunthas out of Survey No.98 were under acquisition and the enquiry was restricted to an area of 5 Acre 20 Gunthas out of the said survey number. By order dated 25th November, 1953 this land admeasuring 5 Acres 20 Gunthas out of Survey No.98 was declared as Government land. Against that order Civil Suit was filed being Civil Suit No.921 of 1954 by the Khot which ended in a Consent decree.

4. A fresh enquiry was ordered for the whole of Bombay Suburban District under Section 126 of the Maharashtra Land Revenue Code in and around the year 1962. The land bearing Old Survey No.98 of village Sahar was given two independent city Survey numbers (i) C.T.S. No.229 for the lands which have been declared as Government land and (ii) the balance other land was shown as part of C.T.S. No.145 and shown as Airport land. We need not refer to this C.T.S. No. though ultimately it appears that a portion of the land was not acquired. The orders of the Survey Officer were upheld in the Appeals preferred. Against which a Revision was preferred on behalf of the Gonsalves Family. By S.Kapoor as the Constituted Attorney of Smt. Kolati D’Souza and 6 others.

5. The Minister for Revenue in Revision Application in RTS No. 2692/CR/201/L-6 by order dated 10th October, 1995 allowed the Revision preferred by Mrs. Colette D’Souza and six others who are Respondent Nos. 4 to 13 in P.I.L. No.47 of 2008.

By the order passed in Revision, the Minister for Revenue set aside the order of the Revenue Authorities, who had rejected the claim of the Revision Applicants that their names be included in the revenue records. The Revision has been preferred against the order of the Additional Collector dated 19th December, 1989 passed in Appeal and confirmed by the Additional Commissioner, Konkan Division by order dated 30th August, 1991. The stand of the State had been that in the City Survey enquiry it had been held that the State Government is the holder and that the portion of the land now bearing C.T.S. No.229 had vested in the State Government. Reference was also made to the consent decree passed by this Court in Suit No.921 of 1954 filed by the Trustees of the will of late A.H. Wadia against the State Government. That suit was settled in terms of the consent terms dated 2nd May, 1963. By the consent terms it was reiterated that the subject land stood appropriated to the State Government under the Salsette Estates (Land Revenue Exemption Abolition Act) 1951 That decree subsists till date and has not been set aside by any other Competent Court. However, the Gonsalves family has filed a su