Metro car shed: Kanjurmarg land has always been state’s property, Maharashtra govt tells HC

Arguing for the Central government, additional solicitor general Anil Singh, had earlier submitted that both the state government and MMRDA have accepted that the land at Kanjurmarg belongs to the Central salt department.

Responding to a petition filed by the Central government seeking stay on the metro car shed work at Kanjurmarg, the Maharashtra government on Wednesday claimed before the Bombay high court (HC) that the 102-acre land has always been the state’s property.

The land earmarked for Metro car shed at Kanjurmarg. (HT File PHOTO)

“This survey number (275 (part) of village Kanjur) always stood in the name of the state government,” said advocate general Ashutosh Kumbhakoni. “It was always state government’s land...even before this 1981 order,” he added, referring to an order issued by the then additional collector on February 16, 1981.

Kumbhakoni said that after salt manufacturing ceased, several salt pan lands were abandoned and were lying vacant and disputes had started as regards ownership of those lands. In this backdrop, he said the additional collector had, in February 1981, directed the Kurla tehsildar to conduct enquiry, as contemplated under section 20(2) of the Maharashtra Land Revenue Code, 1966 as regards 22 salt pan lands and to replace the remark of “Khajan” or “Mithagar” in ownership column of some other salt pan lands, including the 102 acres.

Staking claim over the salt pan lands, the Central government has moved HC challenging the October 1, 2020 order of Mumbai suburban district collector to transfer 102 acres out of Survey No. 275 (part).

On October 6, the collector transferred possession of the piece of land to the Mumbai Metropolitan Region Development Authority (MMRDA) and two days later the authority, in turn, handed it over to Delhi Metro Rail Corporation Limited, which has started levelling work at the site.

The Central government also challenged these actions on the land claiming that the entire salt pan land, including the 102 acres at Kanjurmarg, belongs to its salt department and has always been under administrative control of the deputy salt commissioner.

The Centre has also challenged the November 1, 2018, order of the Maharashtra revenue minister upholding the addition of names of the state government and some private parties in ownership column of several salt pan lands at Nahur, Mulund, Kanjurmarg, Mandale, Malvani and Pahadi areas of Mumbai. The minister’s order came on a proceedings arising out of the revenue enquiry conducted by tehsildar, Kurla.

Arguing for the Central government, additional solicitor general Anil Singh, had earlier submitted that both the state government and MMRDA have accepted that the land at Kanjurmarg belongs to the Central salt department.

Singh had pointed out relevant documents in support of the claim and had also brought to the notice of the HC that MMRDA had sought to intervene in a civil matter pending before the Bombay city civil court and offered to pay the Central government the market price of the land being used for proposed metro car shed.

In this backdrop, Singh had urged HC to stay the operation of the transfer order passed by the collector and also stay the ongoing levelling work at the site.

Kumbhakoni, however, refuted the claim. But the division bench of chief justice Dipankar Datta and justice Girish Kulkarni was sceptical about the state government’s claim and directed Kumbhakoni to submit compilation of documents in proper order and posted the petition for further hearing on Friday.