CHETAN KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. They have already filed their replies. With consent of the parties heard forthwith.

(2.) On March, 13, 2008 this Court passed an order that Writ Petition No.1657 of 2006 be tagged with the P.I.L. On April 3, 2008 direction was given that copies of the petition be given to the Counsel appearing for the petitioner in P.I.L. On 10th July, 2008 an order was passed to produce original records. Further direction was given on 2nd September, 2008 once again in respect of the connected matter. However, arguments have been advanced only in respect of the P.I.L. Petition. Thet Petition is in respect of property bearing Old S.No.98 now C.T.S. 229. Respondent Nos. 4 to 13 claim title to that land. They shall be referred to as the Gonsalves Family. Respondent No.1 now claims title through them.

(3.) The relevant facts. The land originally was included in Survey No.98 admeasuring 10 Acres 36 Gunthas and belonged to Khot under grant made to them under a Deed of 1819 with the East India Company. An enquiry was conducted under the Salsette Estate (Land Revenue Exemption Abolition) Act, 1951 hereinafter referred to as the "Act" as to whether the lands originally given to ex- Khot of Kurla had been appropriated prior to the passing of the Act. Survey No.98 was also included in the subject matter . When the enquiry had started an area of 5 Acres 16 Gunthas out of Survey No.98 were under acquisition and the enquiry was restricted to an area of 5 Acre 20 Gunthas out of the said survey number. By order dated 25th November, 1953 this land admeasuring 5 Acres 20 Gunthas out of Survey No.98 was declared as Government land. Against that order Civil Suit was filed being Civil Suit No.921 of 1954 by the Khot which ended in a Consent decree.