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(ix) Whether or not, there is need for setting up a public grievance cell where citizens can take their complaints?"

5. After the municipal corporations appeared and filed their replies to this petition, we were informed of the directions issued by a coordinate Bench of this Court in an order dated June 4/5, 2018 passed in Writ Petition No.8243 of 2017 (Bilal Salahuddin Shaikh vs. Commissioner, Bhiwandi Nizampur Municipal Corporation & Ors.) wherein comprehensive directions were issued by the Court in regard to the illegal constructions within the areas of Bhiwandi Nizampur Municipal Corporation (for short "BNMC"). In paragraph 2 of such order, the Court noted that a large number of writ petitions are being filed complaining about the BNMC not taking any action against large number of illegal structures which were required to be demolished. It was observed that though the municipal officers were fully aware about such constructions, no steps were taken to stop illegal constructions. While referring to an order dated August 3, 2017 passed in Writ Petition No. 11466 of 2016, the Court observed that a judicial notice was being taken, of the fact that although large number of illegal constructions have come up in the city, no action was being taken by the municipal corporation. Notably in the said order, the Court had ordered the Deputy Commissioner (Encroachment) on the establishment of the Corporation to be held responsible for prevention of illegal structures within the limits of the Corporation and for taking prompt action for the same. We also referred to another order dated October 4, 2018 of a coordinate Bench of this Court, passed in suo motu PIL No.2 of 2018, of which one of us (G.S. Kulkarni, J.) was a member, observing that an avalanche of cases were coming to the Court on illegal constructions and encroachments on the limited land available in the island city of Mumbai. The Court observed that a mechanism was required to be evolved to remove such illegal constructions. It was observed that there was an absolute lack of data in regard to the compliance of the directions given by this Court in its order dated October 4, 2018, by a ward-wise exercise of a survey and verification of the illegal structures and dilapidated buildings. The Court recorded that such an exercise, as expected from the Corporations, was not undertaken. In this context, in paragraphs 11 to 13, leading to the directions in para 14, this Court observed thus:-

14. In view of the above discussion, we are constrained to pass following further orders:

(i) The Municipal Corporations are directed to place on record ward-

wise data of illegal constructions which can be classified into constructions of the following categories:

(a) constructions without permission (illegal constructions);

(b) construction of additional area/floor(s) beyond permission;

(c) constructions of a nature amounting to major deviation affecting the structural stability of the buildings;

ANALYSIS

44. Illegal construction and encroachment on Government land, without fear of law or of public officials have resulted into a loss of twelves lives, due to the collapse of three storeyed structure at Malvani. Therefore, at the first instance, we deal with the issue of encroachment on public lands and illegal constructions thereon.

45. There can be no two opinions that the issues of encroachment on public land, mushrooming of slums on such lands and illegal constructions on such land, as also, on any open land in the city, and the total collapse of the machinery available in law to control these issues, adversely affecting the urban agglomeration, is a sad story of an invited misery and a massive failure on the part of the State Government and the municipal bodies. An overview of these adversities, depicts a sorry and painful state of affairs, having a harmful and an overbearing effect not only on those who are residing in the slums and unauthorized constructions, but also, the hard impact it creates on the infrastructure in cities and the continuous and successive damage to the limited resources. The consequence of all this, is ghastly and harmful. As to what is in store for the future generations cannot be imagined. Admittedly, these are larger issues to be effectively looked into by the policy makers before things further worsen, albeit there appears to be a stage of no return, unless aggressive planning and commitment to the constitutional principles is kept at the forefront by the policy makers. Happening of encroachments, unauthorized and illegal structures being put up and deliberate neglect to these issues, when all this is unpleasantly happening before the open eyes and to the knowledge of the authorities, is not without purpose. From the report of the learned Commissioner, it appears to be a deep rooted menace, perpetrated for years together, which has ruined the cities and its scare resources. There are vested interests as pointed out by the learned Commissioner, namely political interest, slumlords and ultimately the cancer of corruption, which is the primary cause, for the authorities not taking action to remove illegal structures which continue to exist for years together.

(I) By Government Circular dated September 19, 2003 issued to the CEO, SRA, Additional Collector (Encroachment & Removal), Mumbai City, Eastern Suburb, Western Suburb and the Director, Mumbai Development Division, on removal of unauthorized constructions and unauthorized hutments on semi-Government and private lands, guidelines were issued stating that day by day encroachment, illegal constructions and illegal hutments are increasing on such category of lands and such activities are required to be controlled and which were sought to be controlled by various circulars as referred in the reference in the said circular. This circular stated that the respective divisions would be primarily responsible to protect such land, however, as the concerned division did not protect the lands, illegal constructions setting up of unauthorized hutments have taken place and have increased. It was directed that the concerned Division to take immediate steps to prepare a scheme to protect the lands.