During a hearing on a plea concerning encroachment on government land in Kandivali, Mumbai, the Bombay High Court issued directives to the Chief Secretary to instruct district collectors to take necessary actions to protect government-owned lands from illegal encroachments.
The bench comprising Chief Justice DK Upadhyaya and Justice Arif Doctor made this pronouncement while adjudicating a Public Interest Litigation (PIL) filed by the NGO, Voice Against Illegal Activities, in 2017. The petition raised concerns over the encroachment of land earmarked for a garden in the western suburb of Kandivali.
Advocates representing the NGO, Surel Shah, Jamshed Ansari, and Ayaz Khan, highlighted that despite the land’s reservation for a green space, unauthorized structures had been erected, and third-party rights were being established, complicating the issue further.
Expressing dismay over the negligence displayed by Mumbai suburban Collector and subordinate officers in executing their duties, the bench noted that their indifference had facilitated the encroachment upon government land, thus depriving nearby residents of their right to clean air.
The court recalled that in 2018, the collector was instructed to respond to the plea seeking the removal of encroachments. Subsequently, the government acknowledged the encroachment and was directed to clear it by June 2019. However, legal hurdles arose when Sabhajeet Sharma, an alleged encroacher, obtained a stay order from the court, which remains in effect.
Despite assurances from the government in 2020 to take steps to vacate the stay granted to Sharma, Additional Government Pleader Abhay Patki admitted that no such application had been filed.
Observing the prolonged inaction, the bench emphasized the Collector’s responsibility as the custodian of state property and criticized the failure to fulfill duties in protecting government lands.
Patki assured the court of compliance with the four-year-old directive, pledging to provide updates on the progress by April 24.
The court’s intervention underscores the significance of safeguarding public assets and highlights the need for proactive measures to curb encroachments on government land.
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