VIKAS KAMALAKAR WALAWALKAR Vs. DEPUTY SALT COMMISSIONER

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the Plaintiff. The Plaintiff in the suit prays for a decree of declaration that the purported termination of lease grant in respect of salt land effected by order at Ext. W made by the Defendant No. 1 is illegal, wrongful and contrary to law. A further decree of declaration is also claimed declaring that the lease/grant of the salt land in terms of the supplemental Deed of Lease read with Deed of Lease is valid, subsisting and binding on the Defendants. The Plaintiff is also claiming a decree of permanent injunction directing the Defendant No.3 to make drains and sewers as would prevent the sewage water and industrial effluents flowing into the two inlets in the Plaintiff's salt land.

(2.) BY this Notice of Motion, the Plaintiff prays for a temporary injunction restraining the Defendants Nos. 1 and 2 from acting on the order dated 1st April, 2005 and disturbing possession of the land of the Plaintiff pursuant to that order.

(3.) THE Plaintiff replied to the show cause In the reply, it was not denied that some the western side of the salt land is not being used for manufacturing salt. It was submitted that the Bombay Municipal Corporation had constructed a sewerage pumping station on the western side of the lands and the Municipal authorities are pumping out sewage water inside the Nalla passing through the said lands. As a result, during the high tide the sea water comes inside the nalla and due to overflowing of the nalla, this water gets spread inside the land on the western side, and therefore, the salt pans of the western side are rendered unproductive for the salt. It was stated that the Plaintiff has requested the Bombay Municipal authorities to take measures so that the sewage water does not come into the salt pans. In short, the reply was that the Plaintiff's non-user of a part of the salt land on the western side for manufacturing the salt is deliberate, but the Plaintiff cannot use a part of the salt land on the western portion for manufacturing salt for the reason beyond his control and therefore, for that reason the lease cannot be terminated.