Full Judgment Text
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PETITIONER:
UNION OF INDIA & ANR. ETC.
Vs.
RESPONDENT:
LAXMAN GAJANAN DESAI & ANR. ETC.
DATE OF JUDGMENT: 25/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (4) 223 1996 SCALE (3)392
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL N0S.6747,6744-46, 6748-50 of 1996 (Arising out
of SLP (C) Nos. 8933 /95 (CC-2370), 17565, 17805, 18185,
27180, 5205 and 17897 of 1995)
O R D E R
Leave granted.
We have heard the learned counsel on both sides.
In the appeal arising out of SLP (C) No.15356/92 dated
February 26, 1996, the Division Bench of the High Court in
W.P.2333/1983 by order dated July 29, 1991 directed that the
appellants cannot insist upon the respondents conceding to
the title of the Government. It directed the appellant to
renew the licence without insisting upon conceding the title
of the appellant. In the appeal, this Court had held that
for obtaining licence/renewal, title to the property or a
lease from the owner is a pre-condition In that case, the
Deputy Collector had held that the respondent had title to
the property and appeal thereon was pending. Accordingly
this Court had directed the appellant to grant renewal of
the licence pending decision on title.
In these cases, admittedly, no decision on title has
yet been given by any authority. The respondents are
directed to file their claims before the competent authority
(Collector/District Magistrate, as the case may be) within
one month from today either as an owner or a lessee from the
owner. The competent authority is directed to issue notice
to the Central Government and after considering the material
and affording an opportunity of hearing and after taking
into consideration the law on vestings dispose of all those
applications on title. Subject to the result therein, the
licences under the Salt Act would be issued/renewed. Pending
decision, the appellants are directed to grant renewal. The
authority is directed to dispose of those matters within a
period of six months from the date of the receipt of the
copy of the order.
The appeals are accordingly disposed of. No costs.
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