GANGADHAR NARAYANRAO WAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) An application bearing C.A. No.3988 of 2005 for intervention has been filed by seven applicants who the petitioners have contended were the encroachers, which is also been considered along with the present petition. It is their contention that the total area occupied by them is not more than 1500 sq. ft. and the names have been recorded in Government record. There is no record and any other scheme on the land. The area has been notified as a slum area. It is, therefore, submitted that they be allowed to intervene. Petitioners have filed reply to the intervention application and it is pointed out that encroachments are on a public road which is sanctioned as 25' wide road by Nagpur Improvement Trust and does not come under the slum area.

(3.) On 27-6-2005 we have noted that a large number of matters are coming up before this court in the matter of unauthorised constructions on public roads or properties or illegal construction on private properties. Inspite of complaints the statutory authorities are not taking any action and as such the court has to deal with a large number of matters which ordinarily should have been disposed off by the statutory Authorities. Considering the statutory power and duties which respondents no.3 and 4 have been conferred with and which they have to discharge we had directed Respondent no.3 and 4 for submitting proposals for setting up anti-encroachment Cell for each of the ten Zones and also submit a time frame within which the complaints received from the citizens will be decided. Pursuant to that direction and direction in some other petitions, the Nagpur Deputy Municipal Corporation has filed an affidavit in W.P. No.1201 of 2003 through R.Z. Siddiqui, Municipal Commissioner. That reply is also to be treated as reply in this petition and xerox copy of the same is placed on record in the file of this Writ Petition. The affidavit discloses that a meeting as directed was held. In the meeting conducted and considering the various suggestions the following proposals have been made.