Mumbai: The Bombay high court on Monday directed the BMC to conduct a survey and ascertain if the construction of a madrassa on open land in its possession at Oshiwara village, Jogeshwari (West), is unauthorised.
“In case the nature of the construction is found to be illegal, MCGM shall take action for removal of such construction,” directed Chief Justice Alok Aradhe and Justice Makarand Karnik
They were hearing a petition by Kunickaa Sadanand, an activist and member of Andheri-Versova Residents Welfare Association. Sadanand is associated with an NGO that has supported a BMC school since 2004 that does not have playground facilities. She sought removal of encroachment on 7,000 sq m land which was reserved for a playground and to direct BMC to permit use of the land as playground for the school and children in the vicinity.
Advocate for Markazul Ma’Arif Education and Research Centre told the court the structure is a madrassa which was regularised by MHADA. Sadanand said BMC has been in possession of the land since Dec 1981. A demarcation was carried out in June 2015 by MMRDA, which was then the planning authority. It found that Centre has encroached on the subject land and the construction raised by it is unauthorised.
Sadanand said the BMC is the planning authority now and has failed in its statutory duty. BMC’s advocate said it is duty bound to take suitable action against an unauthorised construction.
“Nobody has a right to encroach upon public land,” the Chief Justice remarked.
The judges then directed the AMC, or through his authorised representative, K (W) ward shall conduct a survey in the presence of the parties or their authorised representative and give them an opportunity of hearing.
The parties shall remain present before the AMC on May 14 and the entire exercise shall be completed within 10 weeks from that day.”In case the AMC needs police protection, the state govt shall provide to AMC in case the construction is found to be illegal/unauthorised,” they directed.
They disposed of the PIL stating that it will be open to an aggrieved part to take such remedy as may be available in law.