Case Note & Summary
The petitioner, Sandeep Sharadchandra Thakur, a resident of Navi Mumbai and Vice President of a multinational company, filed a Public Interest Litigation before the Bombay High Court alleging encroachments on lands belonging to City and Industrial Development Corporation (CIDCO) and Maharashtra Industrial Development Corporation (MIDC). The encroachment in question involved a bungalow described as a glass house constructed on CIDCO land. The land, originally part of old survey no.456-A admeasuring 62 acres, was handed over to CIDCO in 1973 for planning and development under the Maharashtra Regional Town Planning Act, 1966. CIDCO clarified that the plot falls under a no development zone and is 'Khajan' land affected by the Coastal Regulation Zone. The Fifth Respondent is a State Minister holding the portfolio of Excise and Non-conventional Energy, the Sixth Respondent is a trust registered under the Bombay Public Trusts Act, and the Seventh Respondent is the Minister's nephew and a trustee of the trust. CIDCO stated in its affidavit that it had not granted any no objection certificate or permission for development or construction on the land. The court considered the submissions of the parties, including the petitioner in person, the Advocate General for the State, and counsel for CIDCO, MIDC, the trust, and the Minister. The court found that the construction was unauthorized and illegal, being on public land without any permission. The court directed the demolition of the glass house within four weeks and ordered the respondents to remove the encroachment. The judgment emphasized that public land cannot be encroached upon for private benefit and that the authorities must take strict action against such illegal constructions.
Headnote
A) Public Interest Litigation - Encroachment on Public Land - Unauthorized Construction - The petitioner, a citizen, filed PIL alleging encroachment on CIDCO land by a trust controlled by a Minister's relative. CIDCO confirmed no permission was granted. Court held the construction is illegal and directed demolition within four weeks. (Paras 1-10) B) Environmental Law - Coastal Regulation Zone - No Development Zone - The land is described as 'Khajan' land into which sea water flows, falling under no development zone and affected by CRZ. Construction without environmental clearance is impermissible. (Paras 3-4) C) Trust Law - Bombay Public Trusts Act, 1950 - Misuse of Trust Property - The Sixth Respondent trust, registered under the Act, was involved in the encroachment. Court noted that the trust's activities were not in public interest but for private benefit. (Paras 2-6)
Issue of Consideration
Whether the construction of a bungalow (glass house) on land belonging to CIDCO, which is in a no development zone and affected by Coastal Regulation Zone, is illegal and whether the court should order its demolition.
Final Decision
The court allowed the petition and directed the demolition of the glass house within four weeks. The respondents were ordered to remove the encroachment and ensure compliance.
Law Points
- Public Interest Litigation
- Encroachment on public land
- No development zone
- Coastal Regulation Zone
- Unauthorized construction
- Demolition order
- Bombay Public Trusts Act
- Maharashtra Regional Town Planning Act
- 1966
