Mumbai: The Bombay High Court was informed on Monday that over 118.18 hectares of land owned by the State government in Kalyan-Dombivali has been encroached upon.
An affidavit was filed by the tehsildar of Kalyan stating that there are illegal structures on its land and it is taking all the necessary steps to remove the encroachment.
The affidavit, along with the report, was submitted by the KDMC in response to a PIL by a resident Harishchandra Mhatre alleging that over 1.65 illegal structures exist on lands owned by the KDMC and the state government.
The high court, in January 24, had directed the KDMC not only demolish illegal structures and encroachments in its city limits but also take necessary steps to prevent it in future.
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The tehsildar assured the court that all permissible steps are being taken to ensure that illegal structures are removed. It has directed all its authorities at the village level and central officers to take action as per the law.
However, a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar pointed out that the affidavit only mentions existence of illegal structures and does not mention the action taken. Hence, the court directed the sub divisional officer to file an affidavit on what action has been taken since March 20 for removal of encroachment.
“What is the area which has been made encroachment free and what is the number of illegal constructions which are demolished,” the bench said. It has asked to file the affidavit in two weeks.
The Kalyan Dombivali Municipal Corporation (KDMC) had informed the bench in March that it has identified eight illegal buildings in its jurisdiction and has initiated action for its removal.
On Monday, the bench inquired whether the corporation had demolished these structures. To this, KDMC advocate AS Rao said that they had issued notices to the residents who refused to vacate the premises. Hence, they have sent a requisition to the police to provide protection to get the premises vacated so they can demolish the buildings.
The HC has asked the KDMC to file an affidavit to give “stage of action not only in respect of these structures, but also of other illegal structures falling within its jurisdiction”.
Petitioner’s advocate Shriram Kulkarni submitted that since there is large scale encroachment, the authorities be directed to submit a chart showing under construction structures and its nature. “Otherwise it will be an ongoing process,” Kulkarni submitted.
The bench, however, said it was not required at this stage. The HC has kept the matter for hearing on August 28.
