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2016 Supreme(Bom) 2194

N.M.JAMDAR
Union of India through Deputy Salt Commissioner – Appellant
Versus
Alark Laxman Desai (Executors and Trustee of the Will of Late Shri Narayan Moreshwar Kirtikar) – Respondent


Advocates Appeared:
For the Union of India :Mr. Anil C. Singh, Additional Solicitor General a/w Mr. Sandesh Patil, Mr. S.R. Raj Guru, Dr. G.R. Sharma and Mr. D.P. Singh and Yash Momaya, Advocates.
For the Respondent:Mr. C.G. Gavnekar a/w Mr. G.S. Hiranandani and Mr. Suhas Deokar, Advocates.

JUDGMENT :

N.M. JAMDAR, J.

1. The Union of India through the Deputy Salt Commissioner, Mumbai, has filed this Appeal. The Union of India challenges the judgment and order dated 31 December 2013 passed by the District Judge, Thane confirming the judgment and order passed by Civil Judge, Senior Division, Thane, dated 1 January 2012. Both the Courts have held that the civil suit filed by the Union of India is not maintainable and have allowed the application filed by the Respondents for rejection of the plaint.

2. The suit property is situated at village Rai Murdhe, taluka and district Thane. It measures 14 hectares and 32 Ares. The Respondents use the land for manufacturing salt.

3. The history of statutory enactments governing the ownership of the salt land in this area dates back to two and half centuries. Regulation No. 1 of 1799 was enacted constituting a code for the management of the British territories in the Presidency of Bombay. Regulations were framed in the year 1808 to deal with the allotment of the lands on a fixed rent. The Governor General in Council recognised the right of the occupants by charging a fixed rent. Under the Regulation of the year 1827, the authorities were










































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