SANDEEP SHARADCHANDRA THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned counsel for the Respondents waive service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel.

(2.) The petition has been filed in the public interest by a citizen who is a resident of Navi Mumbai. The Petitioner has stated that he has been actively involved in social causes and is also a Vice President in a multi-national company. The grievance of the Petitioner relates to encroachments made on lands belonging to City and Industrial Development Corporation (CIDCO), the Fourth Respondent, and Maharashtra Industrial Development Corporation (MIDC), the Third Respondent. The Fifth Respondent is a Minister in the State Government holding the portfolio of Excise and Nonconventional Energy. The Sixth Respondent is a trust registered under the Bombay Public Trusts Act. The Seventh Respondent is a nephew of the Fifth Respondent and a trustee of the Sixth Respondent.

(3.) The encroachment in respect of the CIDCO property consists of a bungalow which is described as a glass house. CIDCO has stated in its affidavit-in-reply that the plot in issue is formed out of old survey no.456-A admeasuring 62 acres. Though the Petitioner had described the plot as Plot no.27, CIDCO's affidavit clarifies the correct description of the plot. The land, as stated by CIDCO, falls under the no development zone and is described as 'Khajan' land into which sea water would flow. Hence the land would also be affected by the Coastal Regulation Zone. According to the reply filed by CIDCO, there were originally some old chawl like structures standing on the land. The land was handed over to the CIDCO for the purposes of planning and development when the authority was constituted as the new town development authority for Navi Mumbai under the Maharashtra Regional Town Planning Act, 1966 under a possession receipt dated 30 June 1973. In 1992, Navi Mumbai Municipal Corporation came into existence and is now designated as the planning authority for the area.