Bombay High Court
Narinder Bhasin vs State Of Maharashtra Revenue And Forest ... on 3 September, 2021
Author: Milind N. Jadhav
Bench: S.J. Kathawalla, Milind N. Jadhav
Digitally signed by
SWAROOP SWAROOP SHARAD
SHARAD PHADKE
Date: 2021.09.04
PHADKE 19:12:08 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 11807 OF 2021
Narinder Bhasin ... Petitioner
Versus
State of Maharashtra and others ... Respondents
WITH
SHOW CAUSE NOTICE NO. 1 OF 2021
IN
WRIT PETITION (L) NO. 11807 OF 2021
.........
Mr. Niranjan A. Mogre alongwith Mr. Siddhesh S. Borkar and Ms.Arya S. Borkar for
the Petitioner.
Mr. Kedar Dighe, AGP for the State.
Mr. Satish Kamat for Respondent No. 3.
Mr. Milan Desai instructed by Mr. T.R. Patel for Respondent Nos. 4 to 6 and 10.
Mr. Deepan Dixit instructed by Mr. Manish Mazgaonkar for Respondent Nos. 7 and 8.
Ms. Sayali Bhaidkar, for Respondent No.9.
Ms. Sheetal Metkari for MCGM.
Mr. Arjun Rajane, Police Inspector, Malwani Police Station, Mumbai, present.
Mr. Faruk Ismile Patel - Respondent No.9, present in person.
Mr. Sambhaji Adkune, Incharge Competent Authority - 5, Slum Rehabilitation
Authority, Mumbai present.
.........
CORAM : S.J. KATHAWALLA AND
MILIND N. JADHAV, JJ.
DATED : 3rd SEPTEMBER, 2021 P.C. :-
1. As recorded in our order dated 27 th August, 2021, the brother, brother in ssp 2 / 4 1WPL-11807-2021.odt law and sisters of Respondent No.9 were present before us and they had informed the Court that they will arrange to engage the services of an Advocate to represent Respondent No.9 in the above proceedings. Today, Advocate Ms. Sayali Bhaidkar instructed by Advocate Akhilesh Dubey is representing Respondent No.9 before us.
2. On the last occasion, the brother, brother in law and the sisters of Respondent No.9 had also informed the Court that the Respondent No.9 has not appointed an Advocate to represent him in the above matters, since he is facing financial problems to such an extent that he is unable to afford his meals. Today the learned AGP has produced photographs of two vehicles which admittedly bears the logo of Respondent No.9 'Patel - Name is Enough'. One of the said vehicles is a Tata Innova bearing registration No.MH-15/BX-1888 standing in the name of Mr. Pawan Bhandari, having address at Pimpalgaon (B), Tal Niphad, Nashik and the other vehicle is a Santro bearing registration No.MH-04/BQ-1317 standing in the name of Manish N. Jhaveri, having address at 101, Shanti Niwas, 1 st Floor, Plot No.3 Sector 17, Vashi, Navi Mumbai. We are also informed that Respondent No.9 - Faruk Patel attends the Court proceedings from Kandivali to Churchgate / Fountain in either of these two vehicles and therefore the statement made by Respondent No.9 and his brother, brother in law and sisters that he has no monies, has again proved to be incorrect to their knowledge.
3. In any event, the Advocate for the Respondent No.9 seeks time to go ssp 3 / 4 1WPL-11807-2021.odt through the papers and address the Court on the adjourned date.
4. The learned AGP has also submitted a copy of the order dated 2 nd September, 2021 passed by the Respondent No.11 - Competent Authority, Slum Rehabilitation Authority, Mumbai, wherein the Authority has given a finding that the structure occupied by Respondent No.6 - Shri Subhash Ramchandra Naik is prior to 1st January, 2000 and is therefore a protected structure. However, the structure occupied by Respondent No.10 - Manoj Ramchandra Naik is not a structure which enjoys any protection and therefore, needs to be demolished. Respondent No.11 is always at liberty to take action pursuant to its said order dated 2 nd September, 2021 in accordance with law.
5. The Tahasildar, Borivali has also addressed a letter dated 3rd September, 2021 to the learned AGP wherein he has stated that in view of the demolition carried out by Respondent No. 11 on Government land bearing CTS No. 1809, the Office of the Collector shall within eight days put up a temporary fencing and appropriate sign board on the boundary of CTS No. 1809 to secure the said Government land and has also simultaneously addressed a letter to the Public Works Department of the State of Maharashtra to construct a permanent wall along the boundary of CTS No. 1809.
6. The learned Advocate for the Petitioner on instructions states that the Petitioner will exercise his right if any with regard to his right of way through the Government land, only by following the due process of law. ssp 4 / 4 1WPL-11807-2021.odt
7. Respondent Nos.7 and 8 through their Counsel state that they are not claiming any rights over the subject government lands.
8. Respondent No.9 states that he is not claiming any rights over CTS No.1809 i.e. the Government land.
9. We again make it clear that the proceedings before this Court shall in no way preclude the Malwani Police Station from carrying out their investigation already commenced pursuant to the F.I.R. lodged by the Tahsildar, and take action against any erring party/parties in accordance with law.
10. We direct the State of Maharashtra to file a comprehensive Affidavit on or before 21st September, 2021 setting out the steps they intend to take to protect the government lands from being repeatedly encroached and to take steps to frame necessary guidelines in this regard.
11. Stand over to 21st September, 2021 at 2.30 p.m.
12. The Office of the Government Pleader (Original Side) shall forthwith forward a copy of this order to the Chief Secretary, State of Maharashtra.
( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) ssp