The Bombay High Court directed the Mumbai sub-urban collector to conduct a survey, scrutinise and decide within 12 weeks the allegations of encroachment on government land to run an illegal pay-and-park system at Aksa in Malad (West).
On April 9, a bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik passed an order on a PIL by Mohd Usman Shaikh, president of NGO Nagrik Seva Sudhar Samiti, who alleged inaction by the collector and Brihanmumbai Municipal Corporation (BMC) against Kansari Mata Adivasi Samajik Vikas Sanstha for encroaching on government land of police beat chowki to operate illegal parking service.
Shaikh, through advocate Bharat Mirchandani, submitted that despite making representations to authorities, no action had been taken against the offending organisation.
The petitioner claimed the said land, as per government circulars, was only to be used for purposes such as to put paver block, solar light, red sand, plant trees and beautification for tourism purposes. Mirchandani sought directions to authorities to remove encroachment.
After the government lawyer assured of suitable action, the high court noted that the “issue of whether or not anybody has encroached on the public land is a question of fact and normally is disputed.”
The court directed the collector or his authorised representatives to issue notice to the petitioner and respondent Sanstha and to other persons in occupation of land, after which they should carry out a survey and hear all parties.
The court further said that in case the subject land is found to be government land, the collector shall initiate action to remove encroachment as per law. The HC said the entire exercise shall be conducted within 12 weeks and police assistance shall be provided in case removal action is to be conducted.
Story continues below this ad
It added that any person aggrieved by order of removal will be at liberty to take recourse to remedy available in law.