Union of India & Anr Vs. Laxman Gajanan
Desai & Anr [1996] INSC 454 (25 March 1996)
Ramaswamy,
K.Ramaswamy, K. G.B. Pattanaik (J)
CITATION:
JT 1996 (4) 223 1996 SCALE (3)392
ACT:
HEAD NOTE:
WITH CIVIL
APPEAL N0S.6747,6744-46, 6748-50 of 1996 (Arising out of SLP (C) Nos. 8933 /95
(CC-2370), 17565, 17805, 18185, 27180, 5205 and 17897 of 1995)
O R D
E R
Leave
granted.
We
have heard the learned counsel on both sides.
In the
appeal arising out of SLP (C) No.15356/92 dated February 26, 1996, the Division Bench of the High Court in W.P.2333/1983 by
order dated July 29,
1991 directed that the
appellants cannot insist upon the respondents conceding to the title of the
Government. It directed the appellant to renew the licence without insisting
upon conceding the title of the appellant. In the appeal, this Court had held
that for obtaining licence/renewal, title to the property or a lease from the
owner is a pre-condition In that case, the Deputy Collector had held that the
respondent had title to the property and appeal thereon was pending.
Accordingly this Court had directed the appellant to grant renewal of the licence
pending decision on title.
In
these cases, admittedly, no decision on title has yet been given by any
authority. The respondents are directed to file their claims before the
competent authority (Collector/District Magistrate, as the case may be) within
one month from today either as an owner or a lessee from the owner. The
competent authority is directed to issue notice to the Central Government and
after considering the material and affording an opportunity of hearing and
after taking into consideration the law on vestings dispose of all those
applications on title. Subject to the result therein, the licences under the
Salt Act would be issued/renewed. Pending decision, the appellants are directed
to grant renewal. The authority is directed to dispose of those matters within
a period of six months from the date of the receipt of the copy of the order.
The
appeals are accordingly disposed of. No costs.
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