P p act
Shilotri Raimurdha
(Querist) 22 July 2013
This query is : Resolved
We are salt cultivators in the villages near by bhayandar in Thane District known as shilotries. We are the owners of the salt lands. But the Salt Department is harassing us to execute lease deed. We were protesting. Some rich people went to court and obtained stay. Most of us are poor. We have no huge money to fight in high Court and sureme court.
Recently, the estate officer has issued us PP act notice. He ask us to appear in his office. Pl, advice us. Lawyers ask large. Most of us own only 2 or three kundis (salt pans). Can we fight without lawyers. Pl. advise us. Notice attaghed.
ajay sethi
(Expert) 22 July 2013
yes you can appear without lawyers .
R.K Nanda
(Expert) 22 July 2013
take help of local lawyer though u can appear without lawyer.
Raj Kumar Makkad
(Expert) 22 July 2013
You need to incur only an amount of Rs. 10/- for the purpose of affidavit which should support your application seeking Free Legal Aid on the ground of your economic condition. Such application can be moved before high court as well as before Hon'ble apex court.
Shilotri Raimurdha
(Querist) 23 July 2013
Thanks for guiding.
The NOTICE is below. Same notice send to 59 salt work. 10-40 shilotries in each. The shilotries owner of salt lands from the time of Peshwas. Kindly tell us whether we are encroachers. Can the Salt Department compel to sign lease? Is estate officer judge? If we sign the lease what about our owner rights. After lease we may be thrown out. What garantee no harm after 20 years?
GOVERNMENT OF INDIA
ESTATE OFFICER
OFFICE OF THE DEPUTY SALT COMMISSIONER,
EXCHANGE BUILDING 4TH FLOOR,
SHIV SAGAR RAMGULAM MARG, BALLARD ESTATE,
POST BOX NO.1561, MUMBAI-400001
C.No.S.11011(8)Salt/2013/1904 Dated: 23-May-2013
NOTICE UNDER SUB-SECTION (1) AND CLAUSE (B) (II) OF SUB-SECTION (2) OF SECTION 4 OF THE
PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971
To
1. Smt. Khajanji Sadanand Raut
2. Shri Kesharinath Moreshwar Patil
3. Shri Pramod Moreshwar Patil
4. Shri Vinayak Bhalchandra Mhatre
5. Mrs.Belen Zoren Borges
6. Shri Pandurang Bhalchandra Mhatre
7. Smt.Jayakumar J.Mhatre
8. Smt. Dolcie Joseph Gharsi
9. Smt.Jospin Manu Gharsi
10. Shri Atmaram Mahadeo Patil
11. Shri Damodar Jaganath Patil
12. Shri Ghanshyam Jagannath Patil
13. Shri Ramesh Jagannath Patil
14. Smt. Kashibai Ravji Patil
15. Smt. Anubai Pandharinath Mhatre
Whereas, I, the undersigned, am of the opinion, on the grounds specified below, that you are in unauthorized occupation of the Public Premises mentioned in the Schedule below and that you should be evicted from the said premises.
GROUNDS
Land admeasuring 26 acres 19 gunthas and 00 annas in Survey No.220 of Village Dongari, in the District Thane covered by Bhal Salt works in Rai Salt Factory of Bhyandar Circle vest in Union of India and are under the administration of this Salt Department. They had been manufacturing Salt in the salt works under a licence granted under the Central Excise and Salt Act, 1944 and Rules made there under and have been paying Ground Rent for the use of the land covered by the said Salt works for salt manufacture.
All Salt manufacturers in Bombay Region were called upon to surrender their licence under Rule 111-A of Central Excise Rules, 1944 and granted a new licence in new format approved by the Government under Rules 103(2) of the Central Excise Rules, 1944 for a period of 25 years during 1958 in the format approved by the Government and notified Gazette Notification under Salt Commissioner C.No.6(3)P/54/7920 appeared on pages 424 & 425 (Part-III Section I) of the Gazette of India dated April 12, 1958.
Besides, the Manubhai Shah’s Committee set up in January, 1959 by the government of India, recommended Uniform System of Licensing and Registration (execution of Lease Deed) of land for manufacture of Salt. Accordingly the Government of India, vide their Resolution No.18(4)59-Salt, dated 3rd May, 1961 and Resolution No.16(23)/63-Salt, dated 13th December, 1969 had accepted that the Government lands will be leased out for manufacture of salt for a period of 20 years on of lease deed between the lessor and the lessee.
After the expiry of the validity of the license granted for 25 years during 1958, by a Notice bearing No.S.11011(1105)Salt/83/2511-42, dt.10/08/1983, they were requested to submit an application duly signed by all the joint licensees for renewal of the said licence. They were further requested to get substituted the names of the persons whose right for salt manufacture in licence needs devolution owing to inheritance and/or alienation due to partition from a sale, gift, exchange, etc. and in accordance with the policy of the Government as stated in preceding paras. A lease of the lands under salt manufacture was offered to the persons applying for renewal of licence on the execution of lease in the prescribed format and on payment of Ground Rent at Rs.2 per acre annum and Assignment Fee at Re.1/= per tonne of salt produced in the said salt works subject to a minimum production of 20 tonnes per acre per annum.
The salt manufacturers of Bhal Salt Works did not comply with the conditions of lease offered to them and did not execute lease deed with the Department.
In identical case(s) the licensees who were issued Notice for execution of lease of the Central Government Land being used by them for salt manufacture challenged the Notice of Dy. Salt Commissioner, Mumbai in various Writ Petitions in the Hon’ble High Court of Bombay. The Bombay High Court directed renewal of license without insisting upon requisition set out in the Notice. In the appeal of the Union of India from the said Order of the Bombay High Court, the Supreme Court of India in SLP No.16065/95 and Companion Petitions has directed the Respondent (the salt manufacturers) to get their Title declared from the Competent Authorities.
In accordance with the above Court order, the salt manufacturers of Bhal Salt Works were again issued Notice vide C.No.S.11011(105)Salt/83/7063-7104, dt.14/09/1998 and another Notice vide C.No.S-11011(105)Salt/83/2670-2711, dt.05/04/2006 Calling for execution of lease deed or to establish their alleged title to the lands of the salt works before competent court. The salt manufacturers did not comply with the Notice and did not execute any Lease Deed with the Department. They failed to establish their alleged title to the lands of salt works before Competent Court.
Meanwhile Government of India delicensed the Salt Industry and deleted the provisions related to Salt under the Central Excise and salt Act 1944 and Rules made thereunder under Notification No.14/96 Central Excise (NT) dated 23rd July 1996. Since then they are holding neither a license to salt manufacturer nor any lease deed executed with the Department for manufacture of salt. Thus the salt manufacturers of Bhal Salt Works are UNAUTHORISED OCCUPANTS OF THE SAID PUBLIC PREMISES.
Now therefore, in pursuance of Sub-Section (1) of Section (4) of the Act, I hereby call upon you to show-cause or before 18th July 2013 why an order of eviction should not be made.
And in pursuance of Clause (b)(ii) of Sub-Section (2) of Section 4, I also call upon you to appear before me in person or through a duly authorized representative capable to answer all material questions connected with the matter along with the evidence which you intend to produce in support of the cause shown on 18th July 2013 at 4 PM for personal hearing. In case you fail to appear on the said date and time, the cause will bs-e decided ex parte, orders will be issued to evict you from the said premises, and possession of the said premises shall be taken over by the undersigned.
SCEHDULE
Lands of ‘BHAL’ SALT WORKS IN Rai Salt Factory, in Bhyandar Circle, bearing Survey No.220 of Village Dongri, District Thane, admeasuring 26 acres 19 gunthas and 0 annas.
Sd/-
(H.K.SHARMA)
ESTATE OFFICER
OFFICE OF THE DEPUTY SALT COMMISSIONER, MUMBAI
COPY FORWARDED TO
1. DEPUTY SUPDT. OF SALT, RAI
The notice should be affixed on the outer door or some other conspicuous part of the public premises. A copy of the notice should be delivered to the addressees at the earliest, well before the appointed date, under proper acknowledgement and reported to this office.
2. SUPDT. OF SALT, BHAYANDAR, for necessary action.
P. Venu
(Expert) 24 July 2013
The proceedings is without jurisdiction. Taking out a licence as required by law could not have deprived the salt cultivators of their ownership of lands in their possession. Moreover, licensing of salt manufacture had defunct after 1/4/1947.
