S.C. DHARMADHIKARI, J.

Since detailed arguments are canvassed based on exhaustive pleadings, we proceed to dispose of this writ petition finally with consent of parties.

2. Rule. Respondents waive service.

3. By this petition under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus or any writ, order or direction in the nature thereof, directing the respondents to forthwith withdraw and cancel the notices impugned in the writ petition (Annexures B-1 to B-9) dated 23rd May, 2013 and not to take any steps including holding any inquiry in pursuance thereof. The first petitioner is a private trust governed by the provisions of the Indian Trusts Act, 1882. The indenture of Trust dated 14th January, 1892 duly registered with the Sub-Registrar of Assurances, Bombay is relied upon and the petition is affirmed by the second petitioner, who is one of the trustees of the first petitioner Trust. He has been duly authorised to file this petition.

4. Annexure ‘A’ to the writ petition is a description of the two salt works and the lands on which they are located.

5. The first respondent Union of India through the Deputy Salt Commissioner issued the impugned notices invoking the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as “the PPE Act”). The second respondent is the Estate Officer, whereas, respondent nos. 3 to 5 are respectively the Salt Commissioner and other functionaries working with or under him. They are authorities constituted under the provisions of the Central Excise and Salt Act, 1944 and the Central Excise and Salt Rules.

6. The notices, copies of which are annexed as B-1 to B-9 refer to section 4(1) and clause (B)(ii) of sub-section 2 of section 4 of the PPE Act. The grounds on which the notices have been issued read as under:-

“GROUNDS

Land admeasuring admeasuring 240 acres 00 gunthas and 04 annas In S. No. 123 and 294 of Village Umela and Sondore, in the District Thane covered by Jahagir Mahal Salt Works in Vasai Road Salt Factory of Bhyandar Circle vest in Union of India and are under the administration of this Salt Department. They had been manufacturing Salt in the salt works under a licence granted under the Central Excise and Salt Act, 1944 and Rules made there under and have been paying Ground Rent for the use of the land covered by the said Salt works for salt manufacture.

All salt manufacturers in Bombay Region were called upon to surrender their licence under Rule 111-A of Central Excise Rules, 1944 and granted a new licence in new format approved by the government under Rules 103(2) of the central Excise Rules, 1944 for a period of 25 years during 1958 in the format approved by the government and notified Gazette Notification under Salt Commissioner C. No. 6(3)P/54/7920 appeared on pages 424 & 425 (Part-III Section I) of the Gazette of India dated April 12, 1958.

Besides, the Manubhai Shah's Committee set up in January, 1959 by the government of India, recommended Uniform System of Licensing and Registration (execution of Lease Deed) of land for manufacture of Salt. Accordingly the Government of India, vide their Resolution No. 18(4)/59-Salt, dated 3rd May, 1961 and Resolution No. 16(23)/63-Salt, dated 13th December, 1969 had accepted that the Government lands will be leased out for manufacture of salt for a period of 20 years on execution of lease deed between the lessor and the lessee.

After the expiry of the validity of the licence granted for 25 years during 1958, by a Notice bearing No. S-11011(8)Salt/83/4479-4486 dt. 30/06/1983, they were requested to submit an application duly signed by all the joint licensees for renewal of the said licence. They were further requested to get substituted the names of the persons whose right for salt manufacture in licence needs devolution owing to inheritance and/or alienation due to partition from a sale, gift, exchange, etc. and in accordance with the policy of the Government