NEW DELHI: On April 30, the Bombay High Court dismissed an appeal from the Union of India through its Salt Department, rejecting the government’s claim of ownership over around 205 acres of land in Bhayandar village, within the Mira Bhayandar Municipal Corporation area of Thane district.
The land is currently owned by Miraland Developers, a subsidiary of Valor Estate (formerly DB Realty).
This dispute stems from an 1870 indenture, wherein the Secretary of State for India in Council granted a 999-year lease of about 3,688 acres encompassing Bhayandar, Ghodbunder, and Mira to a private entity. The lawsuit involves approximately 220-227 acres of Eksali land within this larger lease. Ownership of these lands has transferred through various private assignments, leading to the present claim traced back to The Estate Investment Company and Mira Salt Work Company.
The Salt Department’s claim was based on the assertion that these “Eksali” lands were designated for salt production, thus falling under federal jurisdiction. However, the court noted that a 1938 notification under the Government of India Act, 1935 specifically excluded the disputed lands from the properties recognized as used by the Bombay Salt Department. This omission was a pivotal factor against the Union’s ownership claim.
Additionally, the court highlighted that the Salt Department had not asserted its claim until 1983, more than a century after the original grant and many years after the developer’s predecessors acquired their rights. The bench pointed out that the State of Maharashtra had already acknowledged Miraland’s predecessors as “superior holders” under the Salsette Estates Act of 1951. Previous litigation, which reached the Supreme Court in the late 1980s, had consistently favored private title over state claims.
Subsequent revenue proceedings conducted by the Collector and the Additional Commissioner, Konkan Division, concluded in 2010 that the Salt Department held no rights to the land, affirming title in favor of private parties. The Salt Department then initiated the civil suit in 2011, which was dismissed in 2018, leading to the present appeal.
In dismissing the appeal, the Bombay High Court underscored that the Union of India did not provide adequate evidence to overturn the detailed findings of the Thane Civil Court’s 2018 ruling. The bench stated that the appellant failed to establish its title, rendering the challenge to subsequent revenue records irrelevant. The court declined to remand the matter for further hearings, indicating that doing so would only prolong an already extensive litigation process.
This dispute has been ongoing for over forty years, involving proceedings before revenue authorities, the Bombay High Court, and the Supreme Court.
First Appeal No. 1430 of 2019
Appellant: Union of India, Through the Deputy Salt Commissioner, Ballard Estate, Mumbai
Defendants: The Estate Investment Company, Mira Salt Work Company, The State of Maharashtra, The Collector of Thane, The Additional Commissioner, Konkan Division, Mumbai
