Not satisfied with the action taken by the civic bodies and local-self governments against unauthorised constructions in Thane district, the Bombay High Court has sought a solution from the Urban Development department.
While hearing public interest litigations (PIL) against encroachments in Thane, the division bench of Justice J N Patel and S J Kathawala asked the principal secretary of the Urban Development department on “how the state proposes to deal with the problem of encroachment and unauthorised construction on government and municipal lands.”
The court said that issuing directions and orders time and again has not solved any purpose and they need to seek a solution from the state for a problem of such magnitude and gravity.
“The court has observed that these pockets in the jurisdiction of various local bodies and statutory bodies are encroached, patronised and protected by slumlords. They also cater as vote banks and unless there is a political will on the part of the state the problem will remain unsolved,” the bench stated.
Meanwhile, the Thane district collectorate has directed the chiefs of the civic bodies in the district to take disciplinary action against the officers and staff who hesitate in demolishing unauthorised constructions. The directives are in confirmation with an interim order by the Bombay High Court dated October 15, 2008.
The collector had directed the civic bodies and local-self government to remove the unauthorised construction and furnish a progress report on the same to the court. The civic bodies and local-self governments have also been asked to document the removal of unauthorised construction with photographs.
The collector had highlighted the observations of the High Court that the state administration has sufficient manpower, machinery and authority to take action against unauthorised construction.
In its interim order dated October 15, 2008, the bench of Justice J N Patel and Justice S J Kathawala made stringent observation against the authorities. They said, “It appears that the authorities have slept over their statutory powers and allowed the problem to go beyond their control.” They added that how in the first place these encroachments on municipal and private lands have been permitted and tolerated by the authorities who have sufficient infrastructure and staff to deal with it.
Civic bodies, local-self government and others to report to HC
* Thane Municipal Corporation
* Kalyan-Dombivli Municipal Corporation
* Bhiwandi-Nizampur Municipal Corporation
* Mira-Bhayander Municipal Corporation
* Ulhasnagar Municipal Corporation
* Navi Mumbai Municipal Corporation
* CIDCO
* Jilla Parishad
* MIDC
* Maharashtra Pollution Control Board
* Municipal councils of Vasai, Navghar-Manikpur, Virar, Nallasopara, Dahanu, Palghar, Ambernath, Kulgaon-Badlapur and Jawhar.