Maha govt to move SC against Bombay HC land ruling

Mumbai, May 9 (IANS) The Maharashtra government will challenge a Bombay High Court order granting around 254.88 acres of prime government land, estimated to be worth hundreds of crores, in Mira-Bhayandar to private builders.
Revenue Minister Chandrashekhar Bawankule said on Saturday that the state will file a Special Leave Petition (SLP) in the Supreme Court against the ruling. The Bombay High Court, on April 30, ruled in favour of handing over the land to Estate Investment and Mira Real Estate Developers.
The 254.88 acres of land in the Mouje Bhayandar area of Mira-Bhayandar belong to the State Government. Since 1948, unauthorised changes have been made in the revenue records without obtaining prior permission from the government. Initially, the names of ‘Estate Investment Company’ and later ‘Mira Salt Works’ were illegally inserted. In 1958, due to its use as salt pans, the name of the Central Government’s Salt Department was added, said the government statement.
Subsequently, the matter regarding ownership reached the Supreme Court, which directed that an appeal be filed before the Thane District Collector. In 2002, the District Collector rejected the claim of Mira Salt Company and ordered that the entire land be vested with the State Government.
However, in 2019, the companies and the Central Government’s Salt Commissioner filed a First Appeal in the Bombay High Court. On April 30, the High Court rejected the Salt Commissioner’s appeal and ruled that the land belongs to Mira Salt Works.
Notably, the High Court appeal was only on the issue of maintainability, but the court decided the matter on the merits. As a result, there is now a possibility that the name of the private developer, Mira Real Estate Developers, will remain on the government land, said the statement.
Minister Bawankule stated that this land belongs to the State Government. “We will firmly crush all attempts to grab government land by tampering with revenue records. The Bombay High Court order effectively allows the transfer of government land to private owners. The Government of Maharashtra will challenge this order in the Supreme Court to protect public property. We will strongly defend the State’s ownership rights over this valuable land,” he added.
He also said, “We are going by the Maharashtra Land Revenue Code, 1966 – Section 29(3)(c) which states: Occupants- Class II shall consist of persons who before the commencement of MLRC have been granted rights in unalienated land under leases which entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants – Class II shall apply to them as if they were Occupants – Class II under this Code.”
–IANS
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