Mumbai: The Maharashtra government informed the Bombay High Court on Friday that it is trying to resolve, in coordination with the Central government, the issue of ownership of the 15-hectare land in Kanjurmarg, which was transferred to the Mumbai Metropolitan Region Development Authority (MMRDA) for the construction of the Metro 6 depot.
Both the Centre and the State are claiming ownership of the land. The central government, through the Deputy Salt Commissioner, had filed a petition last year challenging the April 17, 2023, order issued by the Mumbai Suburban District Collector to transfer the salt pan land to the MMRDA.
On October 24, 2024, the High Court ordered authorities to maintain the status quo and not alter the nature of the land. It also directed the State to file an affidavit clarifying its stance on the issue.
On Friday, Advocate General Birendra Saraf informed a bench of Chief Justice Alok Aradhe and Justice Bharati Dangre that, pursuant to the earlier HC order, the State had prepared an affidavit but had not filed it, as it was attempting to resolve the issue with the Centre.
“We have prepared the affidavit as per the last order, but we have not filed it. We are trying and have approached the Union to resolve the issue amicably,” Saraf said.
The bench granted time to the State and the Union to resolve the issue amicably and, until then, directed all parties to maintain the status quo on the land. The next hearing is scheduled after six weeks, with the court granting liberty to mention the matter earlier if a settlement is reached before then.
The Centre’s plea challenged the Collector’s order, alleging that it was arbitrary and issued with a “sheer abuse of power.” It claimed that the land in question was part of the Centre’s Arthur Salt Works at the Bhandup Salt Factory.
The Centre further claimed that one Maheshkumar G. Garodia was a private party whose predecessor was its lessee. The land, along with other parcels, had been leased to Garodia’s predecessor for 99 years from October 15, 1917.
However, in November 2004, the Salt Department prematurely terminated the lease due to violations of its terms and conditions. The lease expired on October 14, 2016, and the matter was pending before the city civil court. The Centre argued that the Collector issued the transfer order without considering the pending case and without giving it an opportunity to raise its grievances.
“It is clear that the State government and the MMRDA are acting in collusion with each other to evade payment of the market value of the land, which they would have been required to pay to the petitioner to get the land transferred from the Centre to the State government,” the plea stated.
The Centre’s plea also referred to its earlier litigation with the State over the said land, wherein it had challenged an order passed by the Konkan Divisional Commissioner in May 2018. This order had led then Revenue Minister Chandrakant Patil to pass a decision regarding land ownership in 2018.
Following the Revenue Minister’s order, on October 1, 2020, the then Mumbai Suburban District Collector under the Maha Vikas Aghadi (MVA) government decided to transfer 102 acres of Kanjurmarg salt pan land to the MMRDA for the Metro car shed project.
In 2019, the Devendra Fadnavis-led government had announced plans to build the Metro car shed at suburban Aarey Milk Colony.
However, in 2020, the MVA scrapped that plan and sought the Kanjurmarg land for the car shed and an interchange station for Metro Line 3 (Colaba-Bandra-SEEPZ), Metro Line 4 (Kasarvadavali-Wadala), and Metro Line 6 (Lokhandwala-Vikhroli). However, on December 16, 2020, the High Court stayed the October 1, 2020, land transfer order for the Metro car shed project.