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THE ROAD OUT: THE LEGAL ROUTES THAT COULD END THE 1870 CLAIM
Nearly three months after the Bombay High Court's order of 30 April 2026, and with the State's Special Leave Petition still awaiting hearing in the Supreme Court, the question residents keep asking has no official answer: what is the actual route out? The committee route the Chief Minister pledged in the assembly in 2025 has produced no public report. Six parts of this investigation have traced how the claim arose and why it survives. This part reports, without recommending, the mechanisms that exist to end it. The quick fix - a MOFA amendment. The narrowest route requires no ruling on ownership at all: an amendment to the Maharashtra Ownership Flats Act, 1963 stating that no NOC from any private entity claiming under a pre-Independence Crown Lease shall be a prerequisite for deemed conveyance - lifting the conveyance blockade immediately while the larger dispute runs its course. The complete route - an abolition-and-vesting statute. If courts ultimately uphold the company's rights under the 1870 Crown Lease, the only comprehensive solution on record is legislative: a Mira-Bhayandar Land Tenures (Abolition and Vesting) Act, modelled on inam-abolition laws elsewhere in Maharashtra, extinguishing lease-derived rights, vesting land directly in occupying societies, compensating at nominal land-revenue value, and placed in the Ninth Schedule. The fact-finding route - a judicial commission. Given the scale - some 9,000 acres across three revenue villages - a commission under a retired High Court judge could survey records village by village, examine the validity of the 2008 and 2015 Collector's orders, and produce a public, parcel-by-parcel action plan. The avenues already in law. Independent of legislation: a public interest litigation grounded in Article 21 and 300A challenging the NOC regime; a challenge to the 2008 and 2015 Collector's orders through the revenue hierarchy; and restitution claims that NOC fees were paid under economic duress. Each route exists; none has produced a decisive ruling. The transparency question. Every route depends on a fact base the public has not seen - the 2024 committee report referenced in the assembly remains untabled.
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