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PETITIONER: UNION OF INDIA & ANR. ETC.

       Vs.

RESPONDENT: LAXMAN GAJANAN DESAI & ANR. ETC.

DATE OF JUDGMENT:       25/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)   223        1996 SCALE  (3)392

ACT:

HEADNOTE:

JUDGMENT:                             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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