Mumbai: Bombay High Court has directed the collector to ascertain within 12 weeks if an allegedly illegal pay-and-park facility on Aksa beach at Malad (W) is on govt land and take action accordingly. “In case the subject land is found to be govt land, the district collector… shall initiate an action for removal of encroachment in accordance with law,” said Chief Justice Alok Aradhe and Justice Makarand Karnik on Wednesday.
A PIL was filed by the president of an NGO, Nagrik Seva Sudhar Samiti, regarding the inaction of the collector, BMC, and Mhada against Kansari Mata Adivasi Samajik Vikas Sanstha encroaching upon the open land. The petition stated that in 2022-23, illegal activities were seen on the land near the police beat chowki. Under the Right to Information, it learned that in July 2021, the collector permitted the installation of paver blocks, solar lights, red sand, and trees under the tourism development scheme. Between Aug and Oct 2023, the petitioner complained to the assistant commissioner (P North ward) and the collector that the Sanstha was using govt land for illegal pay-and-park, constructed a room, and was issuing bogus receipts. However, no action was taken.
The petitioner’s advocate, Bharat Mirchandani, urged for suitable direction to the authorities to remove the encroachment on the land. The judges said, “The issue of whether or not anybody has encroached on the public land is a question of fact and normally is disputed.” It cannot be adjudicated by the HC as “this Court is normally is not examining disputed questions of facts.” However, they directed the collector or his authorised representative shall issue notice to the petitioner, the Sanstha, and other occupants of the land. After a survey to ascertain the encroachment, the parties shall be heard and allowed to submit documents in support of their claim. If the land is found to be govt land, the encroachments shall be removed.TNN