Source : INDIA TODAY NEWS
The Bombay High Court directed the Chief Secretary to issue appropriate directions to district collectors to take adequate measures to protect government land from illegal encroachments and constructions.
The bench of Chief Justice DK Upadhyaya and Justice Arif Doctor said this while hearing a Public Interest Litigation (PIL) regarding encroachment on a piece of government land in Kandivali area of Western suburb in Mumbai. The PIL was filed by an NGO called Voice Against Illegal Activities in 2017.
advertisement
Advocates Surel Shah, Jamshed Ansari and Ayaz Khan, appearing for the NGO, submitted that while the land is reserved for a garden, several illegal structures have come up on the land, and even third-party rights are being created, which further complicated the matter.
The bench said that it was compelled to make an observation that the Mumbai suburban Collector and his subordinate officers had not only been negligent in the discharge of their duties, but on account of their apathetic attitude, the government land, which was reserved for garden spaces, had been allowed to be encroached upon, depriving the citizens in the vicinity of their right to clean air.
The bench noted that in 2018, the collector was directed to file a reply to the plea seeking removal of encroachments on government land.
The government accepted that there was encroachment on its land, and it was directed to remove it by June 2019. While the government tried to remove the encroachments, Sabhajeet Sharma, an alleged encroacher, filed a suit against the action and a court granted a stay, which is still continuing.
In 2020, the government told the high court that all efforts will be taken to file an application to vacate the relief granted to Sharma.
But, Additional Government Pleader Abhay Patki informed that no such application had even been made.
“A period of about three years and six months has lapsed since then. However, no effort appears to be in sight on behalf of the state… Even the application itself has not been moved,” the bench said.
“Being a custodian of the state property, it is the duty of the Collector to take appropriate steps, wherever and whenever required, to protect the same. In the instant case, it is apparent that the Collector and his subordinate officers have utterly failed to discharge their duties,” it said.
Patki, however, assured the court that the four-year-old direction would be complied with at the earliest and the court would be informed about the steps taken on April 24.
Must Watch
SOURCE :- TIMES OF INDIA
