Bombay High Court
Harit Vasai Saurakshsn Smirti vs State Of Maharashtra & Ors on 25 October, 2013
Bench: Dr. D.Y. Chandrachud, S.C. Gupte
sat 1/20 pil 35-2007 group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 35 OF 2007
Harit Vasai Saurakshsn Smirti ...Petitioner
vs
State of Maharashtra & Ors. ...Respondents
WITH
CIVIL APPLICATION NO.10 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
State of Maharashtra & Ors ...Applicants
Vs
Harit Vasai Saurakshsn Smirti & Ors.
ig ...Respondents.
WITH
CIVIL APPLICATION NO.25 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
Sudhir Pralhad Barge ...Applicant
Vs
State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.114 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
Harit Vasai Sauraksha Smirti ...Applicant
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.175 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
Balkrishna Sitaram Purnekar ...Applicant
Vs
State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.7 OF 2011
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
OM Sai Chawl Rahavasi Seva Sanstha ...Applicant
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Vs
State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.122 OF 2011
IN
PUBLIC INTEREST LITIGATION NO.35 OF 2007
State of Maharashtra & Ors ...Applicants
Vs
Harit Vasai Saurakshsn Smirti & Ors. ...Respondents.
WITH
PUBLIC INTEREST LITIGATION NO.1 OF 2007
Pannalal S. S. ...Petitioner
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.24 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.1 OF 2007
Sudhir Pralhad Barge ...Applicant
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Harit Vasai Sauraksha Smirti ...Petitioner
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.26 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Sudhir Pralhad Barge ...Applicant
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.61 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Harit Vasai Saurakshan Smirti ...Applicant
Vs
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The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.106 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Nitin Shankar Deshpande & Anr. ...Applicants
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.133 OF 2009
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Unit Arsens Developers ...Applicant
Vs
Harit Vasal Saurakshan Smriti Prasanna ...Respondents.
Sonabha & Ors
WITH
CIVIL APPLICATION NO.176 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Balkrishna Sitaram Purnekar ...Applicant
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.173 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Jeetendra Satish Avad & Anr. ...Applicants
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.174 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Eknath Shinde & Ors. ...Applicants
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.190 OF 2010
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
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Narayan Kacher Pawshe & Ors ...Applicants
Vs
Harit Vasai Saurakshan Samiti Prasanna Sonabha
& Ors. ...Respondents.
WITH
CIVIL APPLICATION NO.6 OF 2011
IN
PUBLIC INTEREST LITIGATION NO.36 OF 2007
Harit Vasai Saurakshsn Smirti ...Applicant
Vs
The State of Maharashtra & Ors. ...Respondents.
WITH
PUBLIC INTEREST LITIGATION NO.25 OF 2010
Nirmala Vasantrao Kalal
Vs
The State of Maharashtra & Ors.
...Petitioner
...Respondents.
WITH
WRIT PETITION NO.3104 OF 2013
Dr.Nana Dharmaji More ...Petitioner
Vs
Municipal Corporation of Navi Mumbai & Ors. ...Respondents.
.....
Mr.Uday Warunjikar for Petitioner in PIL No.35/2007.
Mr.S.K.Shinde with Ms.Neha Bhide "B" Panel Counsel for the Respondent-State.
Mr.G.S.Hegde i/b M/s.G.S.Hegde & Associates for the Respondent - CIDCO.
Mr.P.P.Chavan with Ms. Shyamali Gadre i/b. M/s.Little & Co. for the Respondent
- MIDC.
Mrs.A.R.S.Baxi for the Respondent No.13 & 14.
Mr.R.S.Apte, Senior Advocate with Mr.N.R.Bubna for the Respondent - Mira-
Bhayandar Municipal Corporation.
Mr.A.A.Garge for the Respondent - Navi Mumbai Municipal Corporation.
Mr.B.D.Joshi for the Respondent No.24.
Mr.A.S.Rao for the Respondent - Kalyan-Dombivali Municipal Corporation.
Mr.Nitin Deshpande for the Respondent - Navghar Municipal Nagarpalika.
Mr.T.J.Pandian for the Respondent No.6 in WP No.3104/2013.
Mr.S.P.Thorat for the Respondent - Thane Municipal Corporation.
Mr.D.P. Adsule for Respondent No.22 in PIL 135/2007.
Mr.Sachin Chavan for Applicant in CA 25/2009, CA 24/2009 and CA 26/2009.
Mr.M.K. Banatwala for Applicant in CA 114/2010.
Mr.Indrajeet R. Kulkarni for Applicant in CA 175/2010 and CA 176/2010.
Ms.Bhavana Mhatre for Applicant in CA 7/2011.
Mr.Datta Mane for Petitioner in WP 3104/2013.
Mr.A.P. Gedam for Petitioner in PIL 1/2007.
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Mr.Sachin Gite for Petitioner in PIL 25/2010.
Mr.Abhijit Kandarkar for Applicant in CA 106/2009.
Mr.G.R. Kanchanpurkar for Applicant in CA 174/2010.
Mr.Sanjay Patil for Applicant in CA 6/2011.
.....
CORAM : DR.D.Y.CHANDRACHUD, AND
S.C. GUPTE, JJ.
ORDER RESERVED ON : 26 JULY 2013
ORDER PRONOUNCED ON : 25 OCTOBER 2013
P.C. :
The Petitioners are a registered society, most members of whom
are residents of Vasai-Virar area of Thane District. The PIL relates to
unauthorised construction in Vasai. It is the case of the Petitioners that there is a
master plan prepared for the concerned area which provides, inter alia, for a
Green Zone and No Development Zone; that industrial estates and commercial
constructions are allowed within the No Development Zone by the local
authorities concerned; and that despite intimation regarding the illegalities to the
local authority, no action is taken. The Petitioners, in the premises, have prayed,
inter alia, for (i) formation of a committee to identify illegal structures, (ii)
stoppage of further illegal constructions and (iii) demolition of existing illegal
constructions.
2. Originally, the State of Maharashtra, CIDCO ( being the local
planning authority), the Collector of Thane and the municipal councils of Vasai,
Navghar, Nalasopara and Virar were arraigned as party Respondents to the PIL.
Subsequently, a total number of 10 Municipal Corporations / Councils in addition
to other authorities such as MIDC were joined to the PIL by way of amendment.
3 A number of petitions concerning different areas and regions within
Thane District also came to be filed along with the present PIL. This group of
PILs concerns common questions regarding illegal constructions and inaction of
the respective local authorities with reference thereto in the areas of Thane,
Vasai and Virar belt.
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4. Various orders have been passed in this group of PILs from time to
time. In particular, by an order dated 27 February 2008, this Court recorded that
the court was convinced that there were a large number of constructions which
were made unauthorisedly and illegally. The Court directed the Respondent
authorities to hold a meeting and to take a decision with regard to the demolition
of the buildings which have been constructed in the whole district without
permission. The Court also directed the Respondents to evolve a mechanism
and fix a time limit for completing the task. After further recording the growth of
unauthorised constructions in the areas forming part of the subject matter of the
group of PILs and the resulting plight of public and Municipal lands by various
subsequent orders, this Court by its order dated 28 January 2009 constituted a
High Level Committee headed by the Chief Secretary of the State, and
consisting of Principal Secretary, Urban Development Department; Principal
Secretary, Finance and Revenue; and various other officers of the State
Government. In compliance with these directions, the State Government issued
a resolution dated 2 March 2009 constituting a High Power Committee headed
by the Chief Secretary. The mandate of this High Power Committee was to come
up with concrete steps to resolve the problems in the group of PILs. After various
further orders, the Chief Secretary filed his affidavit dated 19 June 2010
indicating that non-residential encroachments would be removed by 30
September 2010 and that residential encroachments would be removed as per
the time-table attached to the affidavit. The Chief Secretary in his affidavit also
referred to encroachments of residential nature existing prior to 1 January 1995
(which were protected as per the policy of the State Government) and
encroachments which have come into existence post 1 January 1995 but
existing prior to 1 January 2000 (in respect of which the question relating to
extension of protection awarded to encroachments existing prior to 1 January
1995 was pending before the Supreme Court in an SLP).
5. It appears that in the meeting of the High Power Committee headed
by the Chief Secretary held on 18 June 2010, a decision was taken to remove
the encroachments as per the following schedule :
"A) Non residential encroachments - To be Removed by the 30 th
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Sept.2010.
B) Residential encroachments - To be removed as per the
following table
Action Period
a) Issuance of notices under the One month
relevant laws for eviction to all (Up to the 15th July 2010)
the encroachers
b) Notice period One month
(up to the 15th August 2010)
c) Scrutiny of documents / 15 days
papers, if any, submitted by the (Up to the 31st August 2010)
recipients of notice
d) Determination of eligibility for One month
policy of
preparation
the
of
resettlement as per the prevailing
Govt. and
location-wise,
(Up to the 30th September,
2010)
time-bound action plan for
removal / demolition etc.
e) Demolition / removal of From the 1st Oct.2010
ineligible encroachments
6. By its order dated 18 October 2010, this Court directed that the
concerned local authorities shall permit the hutment dwellers, who have been
residing in the residential encroachments prior to 1 January 1995 or even prior to
1 January 2000, to produce documents in support of their case that they have
put up the structures in question, prior to 1 January 1995 or 1 January 2000, as
the case may be. The documents were directed to be submitted before the
Deputy Collector, Thane for encroachments on Government lands, to the
Assistant Municipal Commissioners for encroachments on Municipal Corporation
lands and to the concerned officer of the Forest Department in case of forest.
The documents were allowed to be submitted within one month from 18 October
2010 and the officers concerned were directed to consider the claims of hutment
dwellers within one month thereafter. Liberty was given to hutment dwellers
aggrieved by rejection of their claims by the concerned officers to file appeals
before an appellate authority to be named by the Chief Secretary of the State
Government within one month from 18 October 2010. The appeals were directed
to be decided within one month from the date of filing.
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7. Subsequent to this order, an affidavit was filed by the Deputy
Municipal Commissioner of Vasai-Virar Municipal Corporation, inter alia, stating
that a number of persons, who, according to the Municipal Corporation have put
up unauthorised constructions, have filed civil suits and obtained interim orders
against the implementation of the demolition notices issued by the Municipal
Corporation and that ad-interim orders were passed by courts requiring
Municipal Corporation to maintain status quo. This stand was noted by this court
in its order dated 14 July 2011. The court observed that it was open to the
Municipal Corporation to move the concerned courts seized of such civil suits
and request the courts to vacate the ad-interim orders.
8.
The group of PILs remained pending between July 2011 and April
2013 when it could not be taken up for effective hearing due to various reasons.
The Court, however, expected the concerned Municipal Corporations and
authorities to act on the orders passed by this court from time to time and carry
out demolitions of unauthorised structures under the overall guidance of the High
Power Committee.
9. When the matter came up before this Court on 18 April 2013, the
court noted that an affidavit was filed by the Joint Secretary in the Urban
Development Department on 31 August 2010. Annexure-1 to the affidavit
contained a statement showing details of actions taken against encroachments /
unauthorised constructions on public lands in Thane District. The statement
indicated that a total of 2,10,363 encroachments were detected; 2,10,344 notices
were issued; 18,436 encroachments were removed. The statement covered
areas falling, inter alia, in the jurisdiction of the Municipal Corporations, Zilla
Parishads and Nagar Panchayats in the Thane District as also areas falling
within the jurisdiction of CIDCO, MMRDA and MIDC. Since almost a period of
two years had by then elapsed, the court deemed it appropriate that the court
should be apprised by the Urban Development Department of the exact factual
position as of date in regard to the extent of unauthorised constructions, number
of unauthorised constructions in respect of which notices for removal have been
issued and the action, if any, that has been taken. The Secretary was directed to
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file an affidavit containing an upto date status report accordingly. The court also
directed the respective local authorities to apprise in respect of actions taken in
the respective areas falling within their jurisdiction.
10. In pursuance of the order of this Court dated 18 April 2013, various
affidavits have been filed by the Respondents. The position as of date which
emerges from these affidavits is as follows
11. Decisions / Actions of the State Government and the High
Power Committee :
The State Government and the High Power Committee have in
their affidavits filed before this Court indicated that they took the following steps /
actions:
(i)In order to have effective control over encroachments on public lands, the
Maharashtra Municipal Corporations Act and Mumbai Municipal Corporation Act
have been amended inter alia by restricting the jurisdiction of civil courts to deal
with demolitions of encroachments and unauthorised structures and introduction
of a designated officer to ensure accountability;
(ii)In order to ensure timely action against encroachments and unauthorised
construction, the State Government vide a Government Resolution No.ADMC-
1006/C.R.192/2006/UD-28 dated 2 March 2009 had already issued instructions
to Urban Local Bodies in the State of Maharashtra to set up Special
Enforcements Squads for controlling encroachments and unauthorised
constructions and to appoint dedicated staff to detect and report encroachments
and unauthorised constructions.
(iii)The State Government has taken a decision of:
(A) Creation of dedicated police force within the Municipal
Corporations / Councils;
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(B) Establishment of Special Police Cell for registering and
investigating Municipal offences;
(C) Setting up of Special Courts to try Municipal offences.
Accordingly Municipal Corporations / Councils have also been
informed to submit their respective proposals.
(iv)The necessary hearings were given to slum dwellers in respective
Municipal areas and orders were passed by the respective authorities
identifying the status of slum dwellers in occupation of unauthorised
structures prior to 1.1.95 and 1.1.2000;
(v)A comprehensive rehabilitation mechanism making available alternative
accommodation to slum dwellers was ordered by the High Power
Committee and accordingly, various corrective and pre-emptive steps
were sought to be initiated including directions to have lands earmarked
for rehabilitation.
12. Decisions / Actions of the Kalyan-Dombivali Municipal Corporation :
Kalyan-Dombivali Corporation has filed its affidavit dated 19 July
2013 inter alia pointing out the following :
(i)The Corporation has been executing the work of removal of
unauthorized encroachments through ward offices and has delegated
the requisite powers to the ward officers;
(ii)That 30 police personnel were engaged by the Corporation to give
protection to the staff of the corporation during demolition of
unauthorized constructions and encroachments. The Corporation
bears the expenditure incurred on their salaries;
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(iii)That out of 843 encroachments on public lands, 673 have already
been demolished, whilst 170 were yet to be demolished. There were
about 11 cases pending in courts in respect of unauthorized
constructions and prohibitory orders were passed against the
Corporation;
(iv)The Corporation has sanctioned a proposal for establishing an
independent police station with a dedicated staff of 70 police
personnel agreeing to bear the salaries and other establishment
expenses therefor. The sanctioned proposal is sent to the State
Government for final approval;
(v)The Corporation would complete the action of removal of
unauthorized constructions and encroachments within a period of one
and half years.
13. Decisions / Actions of Thane Municipal Corporation :
The affidavit dated 19 July, 2013 filed by Thane Municipal
Corporation indicates the following actions/ decisions:
(i) Within the territorial limits of the Corporation,
there were 3326 encroachments on Municipal lands, out of
which 2535 encroachments were in existence prior to 1.1.1995
and 680 encroachments were in existence prior to 1.1.2000.
As many as 111 encroachments, which came up after
1.1.2000, have already been removed;
(ii) The Corporation has passed Resolution No.387
dated 10 February 2009 creating 100 posts of civil police and
sanctioned an expenditure to the tune of Rs.1.33 crores for
such civil police. An expenditure of Rs.1.13 crores out of this
would be incurred on the establishment of police force
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comprising of the Government sanctioned 78 police posts for
the corporation, being a 'C' class Corporation;
(iii)The Corporation has passed Resolution No.30 dated 8 July,
2009 for establishing independent police stations and
sanctioned an expenditure of Rs.3.85 crores for the purpose.
There would be three such police stations for 3 zones within
the Thane Municipal area having 9 ward committees. The
proposal is submitted to the State Government for final
approval;
(iv) The Corporation has passed Resolution No.29 dated 8
July 2009 for the creation of an independent court with a man-
power chart showing the pay-scale and expenditure as shown
in the affidavit.
14. Decisions/Actions of Dahanu Municipal Council:-
Dahanu Municipal Council has in its affidavit dated 20 July 2013
stated ;
(i)That all 146 encroachments on municipal lands, within the
jurisdiction of the Municipal Council have been removed. As
for illegal constructions on the private lands, there were 961
illegal construction on the private land, out of which 238 have
been removed. Concerning 14 illegal constructions the
municipal council has filed FIRs under Section 52 and 53 of
MRTP Act, 1966;
(ii)that action is being taken against the rest of the structures.
15. Decisions / Actions of The Collector, Thane :-
In his affidavit dated 18 July, 2013, the Collector of Thane has
reported that
(i)There were 27,271 encroachments within the jurisdiction of
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the Collector, out of which 6280 encroachments were
removed by the concerned Tahasildars and 20,991
encroachments were yet to be removed;
(ii)A huge expenditure would have to be incurred for removal
of these encroachments. There is no budget with the
Collector, Sub-Divisional Officers or Tehasildars for removal
of encroachments. It was suggested by the Chief Secretary
of the Government of Maharashtra that MMRDA being a
planning authority for Mumbai Metropolitan Region would
provide funds for encroachment removal;
(iii)A report of encroachments taken from the concerned
Tehasildars indicates that, a fund of Rs.4,37,05,900/- was
required for the removal of the aforesaid encroachments and
accordingly the Metropolitan Commissioner, MMRDA was
requested to provide the required funds to the Collector by
the Collector's letter dated 12 July, 2013;
(iv)The Collector, Thane has already requested the State
Government to make available a dedicated task force 3
squads for city and 1 for rural area for demolition of
encroachments in the same manner as the Collector, Mumbai
City district and the Collector, Mumbai Suburban district have
at their disposal;
(v)The Collector, Thane has also requested the State
Government to allot dedicated police force for the
encroachment removal as well as prevention vide his letter
dated 17 July, 2013;
(vi)The concerned authorities have prepared an action plan
for removal of encroachments on government lands within
stipulated time, as per which, on availability of funds from
MMRDA and dedicated force, all 20,991 encroachments
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would be demolished within a period of 1 ½ year.
16. Decisions/ Actions of Thane Forest division :-
As per the affidavit of the Deputy Conservator of Forests, Thane
forest division dated 19 July, 2013 the following decisions/actions were taken by
the Forest Division, :
(i)There were 49,814 encroachments on forest lands of which
45,953 were residential and 3861 non-residential. Notices
were issued to all encroachers on forest lands in Thane
district, pursuant whereto 4633 residential 535 non-residential
encroachments totaling
ig 5168 encroachments have been
removed so far, thus clearing an area of 132.177 hectares out
of the total encroached area of 709.726 hectares;
(ii)The encroachments being "District Specific", a plan of
eviction of encroachments is being submitted to the District
Collector for provision of requisite funds under DPC;
(iii)To facilitate the process of eviction and discourage new
encroachments, it was requested that directions be passed for
discontinuation of various civic amenities viz. Electricity, Water
Supply, Telecom Connections etc. to the encroachers;
(iv) To effectively protect various areas from encroachers,
instead of putting a "trench-cum-mound" fencing along the
boundaries of the forests, it would be more appropriate to
fence the boundaries by a wall for which funds to the tune of
Rs.600 crores would be necessary and that necessary
measures may be taken by the State Government to provide
requisite funds.
17. Decisions/ Actions of Palghar Municipal Council :-
The affidavit dated 19 th July, 2013 of Chief Officer of Palghar
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Municipal Corporation discloses that out of 582 unauthorized structures and
encroachments within the jurisdiction of Palghar Municipal Council, 70
unauthorized structures have been demolished, whilst the remaining 512
structures were reported to be in existence prior to 1 st January, 1995.
18. Decisions/ Actions of Ambernath Municipal Council :-
The affidavit of the Chief Officer of Ambernath Municipal
Corporation dated 20th July, 2013 discloses the following state of affairs:
(i)There were 537 encroachments standing on municipal land
within the jurisdiction of the Municipal Council. Notices to all 537
encroacher's have been issued;
(ii)194 encroachments out of these 537 have been demolished by
the Council in the month of July- 2011;
(iii)Out of the remaining 343 encroachments, owners and
occupants of 146 occupants have submitted their documents
pertaining to their alleged existence prior to 1.1.1991 and 1.1.2000
for verification to the Council;
(iv)As for the remaining 197 encroachments, the Council would
take action after the monsoon season and positively on or before
31st December, 2013;
(v)As for establishment of urban civil force and independent police
stations within the local area of the council, the Council would be
sending a necessary report to the State Government.
19. Decisions/ Actions of CIDCO :-
CIDCO has filed an affidavit of its Chief Controller of Unauthorized
Constructions dated 19th July, 2013 indicating the status of unauthorized
structures and actions taken in respect thereof as follows:
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(i)CIDCO has in the past 7 years issued notices in respect of 4206
unauthorized structures, out of which 645 structures have been
demolished. Besides these 4206, there are another 5445
temporary structures like commercial galas, hutments etc. for
which notices have not been issued;
(ii)Total number of 35 civil suits have been filed in various Civil
Courts within the area under CIDCO. Civil Courts have granted
interim orders, due to which CIDCO was unable to take action in
respect of 1431 notices. Whilst in some cases CIDCO has
managed to get interim orders vacated and some of these
structures demolished, however, status-quo orders continued in
respect of 55 structures. CIDCO has again moved applications
pursuant to the orders of the Court dated 21 st June, 2013 in these
55 cases for vacating interim orders;
(iii)Majority of the encroachments fall within the extended limit of
200 meters from original Gaothan and the decision regarding
Garjepoti ( under need ) was yet to be finalized due to the fierce
opposition of project affected persons;
(iv)Out of 6162 slum dwellers identified by the Navi Mumbai
Municipal Corporation upon CIDCO land in Navi Mumbai, 4541
have been identified as slum dwellers existing prior to 1 January
1995. Out of the remaining slum dwellers, about 1451 ineligible
slum dwellers could not be removed since they were situated
between the eligible slum dwellers;
(v)CIDCO has proposed to frame a rehabilitation policy,
whereupon eligible slum dwellers would be rehabilitated and
ineligible slum dwellers would be removed;
(vi)CIDCO has taken up the matter of disconnection of energy and
water supply with MSEDCL and NMMC to such unauthorized
structures. CIDCO has also insisted upon a mandatory
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requirement of NOC from CIDCO for any new connection for
structures erected upon CIDCO land;
(vii)A proposal of forming independent police force in CIDCO
having about 40 personnel has been approved by the Board of
Directors of the CIDCO vide their resolution No.10686 dated 10
July 2013 and sent to the State Government by the letter dated 15
July 2013 for final approval.
20. Decisions/ Actions of Navi Mumbai Municipal Corporation :-
The affidavit of Deputy Municipal Commissioner, Navi Mumbai
Municipal Corporation dated 18th July, 2013 has disclosed the following:
(i)The Municipal Corporation has removed all unauthorized
structures on public land of NMMC ownership which were shown in
the Petition;
(ii)The corporation has passed resolution No. 795 dated 30 th June,
2009 proposing a dedicated police staff. The said proposal has
been sent to the State Government for its final approval;
(iii) The corporation has also passed a resolution proposing a
dedicated urban Police Station for the corporation area vide its
resolution No.48 dated 21 December 2012. The said proposal has
been sent to the State Government for its final approval.
21. Based on the decisions/ actions of the State Government and the
High Power Committee and the various local authorities as set out above, as
also the assurances made by the State Government and authorities in their
affidavits, the PIL may now be disposed of in terms of the following directions:
(A) Directions to the State Government :
(i)The State Government shall expeditiously consider and take a
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final decision no later than within 12 weeks from the date of this
order in the matter of the proposals of independent police
stations and dedicated staff of police personnel submitted by the
Kalyan - Dombivali Municipal Corporation, Thane Municipal
Corporation, Navi Mumbai Municipal Corporation and CIDCO as
noted in this order earlier;
(ii)The State Government shall expeditiously consider and take a
final decision in the matter of establishing Special Courts to deal
with unauthorized constructions and encroachments as proposed
by the Thane Municipal Corporation as noted in this order earlier;
(iii)The State Government shall expeditiously process and
consider the proposals of other Municipal Corporations/ Councils
in the matter of independent police stations and dedicated staff
of police personnel, as and when such proposals are received by
the State Government for its final approval and no later than
within 12 weeks of receipt of such proposals,
(iv) In the event of any municipal corporation/ council not
submitting its proposal for an independent Police Station with
dedicated staff of police personnel as provided in the directions
below, the State Government shall issue appropriate directions to
such municipal corporation/ council under Section 154 of the
Maharashtra Regional and Town Planning Act and cause the
independent police station with staff established within its
jurisdiction in terms of the decision taken in the High Power
Committee meetings of 3 July 2013 and 15 July 2013,
(B) Directions to Kalyan - Dombivali Municipal Corporation, Thane
Municipal Corporation, Navi Mumbai Municipal Corporation and CIDCO :
(i)These Municipal Corporations and CIDCO shall forthwith
establish independent police stations with dedicated staff of
police personnel as proposed by them upon receipt of final
sat 19/20 pil 35-2007 group
approval of the State Government in pursuance of directions of
this Court in para A(i) above;
(ii)The Municipal Corporations and CIDCO shall carry out the
work of demolition of unauthorized constructions and
encroachments on public and municipal lands as per their
respective assurances given to this Court;
(D) Directions to Meera-Bhayandar Municipal Corporation and
Dahanu, Palghar and Ambarnath Municipal Councils :
(i) The Municipal Corporations / Councils shall
expeditiously and not later than within 8 weeks from the date of
this order submit their respective proposals for creation of civil
police and dedicated police stations within their respective
jurisdictions to the State Government, as per directions given in
the meetings of the High Power Committee dated 3 July 2013
and 15 July 2013 ;
(ii) The Municipal Corporations/ Councils shall take
expeditious steps after receipt of final approval from the State
Government to the proposals referred to in clause (i) above;
(iii) The Municipal Corporations/ Councils shall carry out the
work of demolition of unauthorized constructions and
encroachments as per their respective assurances given to the
Court and noted earlier in this order;
(E) Directions to the Collector, Thane and Forest Department ;
(i) The Collector, Thane shall make available funds to the
Forest Department to enable the latter to carry out demolitions
of unauthorized constructions and encroachments within the
Forest land:
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(ii) The Deputy Conservator of Forests, Thane Division
shall carry out the work of demolition expeditiously after funds
are made available in terms of the above directions;
22. With the above directions, the group of PILs is disposed of finally
with liberty to the Petitioners to apply in the event of non-compliance by any
authority or other difficulty. There shall be no order as to costs.
23. In view of the disposal of the PILs, all connected Civil Applications
in the PILs do not survive and are accordingly disposed of.
ig (Dr. D.Y.Chandrachud, J.)
(S.C. Gupte, J.)
