Paving way for widening of the Goregaon-Mulund Link Road, the Bombay High Court has upheld the termination of lease of 782 acres of salt pan land spread across Mulund, Bhandup and Kanjur Marg in Central Mumbai. The court has also directed the leaseholder to hand over “vacant and peaceful” possession of the land to the salt commissioner within three months.
Justice Sandeep Marne has also asked the Brihanmumbai Municipal Commissioner (BMC) to take “appropriate steps in law for acquisition/ advance possession of the requisite portion of land” for construction of the widening of the link road.
The HC dismissed a suit filed by a Dadar-resident Vikas Walawalkar, who had sub-leased the salt pan land. Walawalkar had challenged the order of April 1, 2005, passed by the Deputy Salt Commissioner terminating the lease of salt lands leased to him, reasoning that he was not using the entire land for salt manufacturing. He had sought a declaration that he was entitled to a lease renewal for another 99 years. Walawalkar had subleased two salt pan lands ‘Battiwala Salt Works’ and ‘Jamasp Salt Works’ situated within the villages of Mulund, Bhandup and Nahur.
“Permitting 782 acres of land, located within Mumbai City, the commercial capital of India, where land prices are arguably the highest in the country, for salt manufacturing activity cannot be confused with creation of any vested right in the land, apart from manufacturing of salt,” Justice Marne underlined in a detailed 92-page judgment.
Justice Marne opined that the lease was not for housing or factory activity. “The purpose of the lease is purely for the manufacture of salt. The moment the lessee stops the manufacturing activity at salt lands, it must be returned to the lessor,” the judge added.
Walawalkar had sought a declaration that he was entitled to lease renewal after it expired in October 2016 stating that he could not manufacture salt on a large chunk of the land because of a situation beyond his control. He claimed that due to a proliferation of slums, hutments and factories beyond the salt pans’ western boundary, sewage water and industrial effluents were discharged into the land. However, the court refused to agree with the argument.
In Walawalkar’s suit, the BMC had filed an application seeking possession of requisite portion of land for widening of Goregaon-Mulund Link Road. BMC counsel Ram Apte submitted that the civic body was unable to take possession of requisite land, which it wants to acquire for development of a crucial East-West link to connect Mulund and Goregaon. Considering that Walawarkar’s suit is dismissed, the HC asked the BMC to take appropriate steps for land acquisition.
“After considering the entire conspectus of the case, I am of the view that Plaintiff’s [Walawarkar’s] challenge to the termination order must fail. Since termination of lease is upheld, there is no question of renewal of the lease,” the court concluded.
