Deciding a 25-year-old dispute over a 468-acre plot of prime land abutting the Eastern Express Highway between Bhandup and Chembur, the court upheld the Centre’s move to cancel the lease on the land.
Reiterating that salt pan lands are owned by the government and that persons given licence to produce salt are mere lessees, the court upheld the Centre’s move to cancel the lease granted to FP Bomanji and others on grounds of non-production of salt, non-payment of government dues and entering into an agreement with a private developer.
The HC order could mean bad news for private developers who have entered into agreements with salt pan licencees to develop the lands.
In the present case, the licensee had entered into an agreement with Ajmera Housing Corporation to allegedly develop the land.
The HC has, however, held that since the land was owned by the government, the licensee could not enter into an agreement with a third party.
The plot was leased to Bomanji in 1917 to manufacture salt and its by-products. However, in 1983 the license to produce salt was not renewed due to outstanding government dues. In 1989 the lease was terminated and land was resumed due to non-compliance of lease conditions.
One of the classic examples of salt pan redevelopment - Chhedda Nagar in Chembur - is under litigation since 1978 as the central government has challenged the development by a private developer.
The high court judgment assumes great importance in light of the proposed acquisition and redevelopment of salt pan lands in Mumbai. The government has proposed to use the land to rehabilitate project-affected persons and relocate slums.
Approximately 2,200 hectares of salt pan land in the eastern and western suburbs has been deemed unsuitable for salt production. Of this, 1200 hectares are controlled by 10 families. In 2001, the Centre agreed to share the salt pan lands with the state government and has already given its nod to the development of such lands.
Anshika Misra
Saturday, March 15, 2008 09:46 IST
dnaindia.com
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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