Full Judgment Text
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PETITIONER:
UNION OF INDIATHROUGH DEPUTY SALT COMMISSIONERBOMBAY
Vs.
RESPONDENT:
SHRI PURANMAL LALCHAND MUNDRAAND ANOTHER
DATE OF JUDGMENT: 02/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PATNAIK, R.C. (J)
CITATION:
1996 SCALE (3)506
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
The respondents had applied for renewal of the licence
under the Salt Act. The appellant insisted upon the
respondents for grant of renewal of the licence either to
concede to the title of the land of the Government or to
obtain any lease from the owners. Challenging the order, the
respondents filed the writ petitions in the High Court. In
similar cases, the Division Bench of the Bombay High Court
directed that the appellant would not insist upon conceding
to the title to the property. But appropriate authority was
directed to dispose of the pending matter on title in
appeal. Till then the direction was issued to grant renewal
of the licence subject to the result in the appeal.
When similar matters have come up, this Court in two
cases where the title of the licences were upheld by the
primary authority but appeals are pending, had directed that
pending disposal of the appeals, renewal of the licences
under Salt Act would be granted subject to the result in the
appeals. In other cases, this Court directed the respondents
to make application before the competent Authority namely,
the District Collector who was directed to dispose of the
application whether the respondent has title to the
property. This Court also directed to consider the
statutory vesting of the salt lands in the State and also
all other relevant documents that may be filed by the
respondents in the adjudication. A further direction was
issued to the appellant to file the objections before the
original authority was directed to dispose of the matter
after hearing parties within a period of six months from the
date of the receipt of that order
In this case, the latter situation arises, namely, the
respondents had not filed any application before any
authority to establish their title. It is settled law that
the respondents must be either the owner or the lessee from
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the owner to seek renewal of the licence.
In view of the fact that the title is yet to be
decided, the respondents are directed to make an application
before the District Collector. The District Collector is
directed to enquire whether the respondents have title to
the property taking into account the statutory vesting under
the provisions of the Act as also any other documents to be
produced by the respondents or the State Government or the
appellant, as the case may be After hearing the parties and
giving opportunity, the matter will be disposed of within a
period of six months from the date of the receipt of this
order Until then, the appellant is directed to renew the
licence under the Salt Act. It will be subject to the result
in those title suits.
The appeal is accordingly disposed of, No costs.