HARIT VASAI SAURAKSHSN SMIRTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are a registered society, most members of whom are residents of Vasai-Virar area of Thane District. The PIL relates to unauthorised construction in Vasai. It is the case of the Petitioners that there is a master plan prepared for the concerned area which provides, inter alia, for a Green Zone and No Development Zone; that industrial estates and commercial constructions are allowed within the No Development Zone by the local authorities concerned; and that despite intimation regarding the illegalities to the local authority, no action is taken. The Petitioners, in the premises, have prayed, inter alia, for (i) formation of a committee to identify illegal structures, (ii) stoppage of further illegal constructions and (iii) demolition of existing illegal constructions.

(2.) Originally, the State of Maharashtra, CIDCO ( being the local planning authority), the Collector of Thane and the municipal councils of Vasai, Navghar, Nalasopara and Virar were arraigned as party Respondents to the PIL. Subsequently, a total number of 10 Municipal Corporations / Councils in addition to other authorities such as MIDC were joined to the PIL by way of amendment.

(3.) A number of petitions concerning different areas and regions within Thane District also came to be filed along with the present PIL. This group of PILs concerns common questions regarding illegal constructions and inaction of the respective local authorities with reference thereto in the areas of Thane, Vasai and Virar belt.