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 Exh.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 & 2 from acting on the order dated 1st April, 2005 and disturbing possession of the land of the Plaintiff pursuant to that order.

(3.) For the purpose of deciding this Notice of Motion following can be taken as admitted position:-