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M. G. SEWLIKAR, R. D. DHANUKA
Pankaj Unit No. 1 Housing Development Company Private Limited – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
R. D. Dhanuka, J.
1. Rule. Rule made returnable forth with. Learned counsel for the respective respondents waive service. This batch of petitions were heard together and are being disposed off by a common judgment.
Facts and Submissions in Writ Petition No. 739 of 2021
2. During the period between 2nd October 1860 to 1948, by a kowl/grant dated 2nd October 1860, the Principal Collector of Konkan (on behalf of the East India Company) granted inter alia the entire village Oshiwara, including Survey No.41, admeasuring 723 acres and 30 gunthas in favour of the predecessors-in-title of Byramjee Jeejeebhoy Private Limited (Respondent no.6), without the requirement to pay land revenue.
3. It is the case of the petitioners that the respondent no.6 spent over Rs.2,00,000/- prior to the year 1847 for development of the Larger Land for construction of salt pans. The respondent no.6 and its predecessor-in-title executed various contracts with several parties for collecting limestone, palm trees, oyster shells and for fishing, in addition to selling rights to remove sand, earth, moor boats and collect salt. In the year 1948, the Larger Land was reserved for non-agricultural and industria
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