NARIMAN POINT CHURCHGATE CITIZENS WELFARE TRUST; S Vs. STATE OF MAHARASHTRA; MUNICIPAL COMMISSIONER, MUMB

JUDGEMENT

(1.) The submissions were heard on the earlier date. This Petition concerns a plot of land known as Jawaharlal Nehru Garden located to the north of Madame Cama Road, adjoining Mantralaya, Mumbai. The said plot of land is in the prime area of South Mumbai. In the Development Plan sanctioned under the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act") in the year 1967, the plot of land subject matter of this Petition (for short "the said land") was shown in green zone. In the subsequent sanctioned Development Plan (19812001), the same is reserved as a Recreational Ground (for short "RG"). The issue concerns the structures which are in possession of the Respondent Nos.4 to 9 which are situated on the said land. The first prayer in this Petition under Article 226 of the Constitution of India is for issuing a writ of mandamus directing the demolition and removal of all encroachments and structures constructed on the said land and for restoration of the said land for its use as RG. Consequential prayers are made for directing the Respondent Nos.1 to 3 (State of Maharashtra and the Municipal Corporation of the City of Mumbai) to take adequate steps and measures to protect the said land from encroachments in future. There are prayers for interim relief in addition to the aforesaid prayers for substantive reliefs.

(2.) The Respondent No.2 is the State of Maharashtra. The Respondent No.3 is the Municipal Corporation of Greater Mumbai (for short "the said Corporation") and the Respondent No.3 is its Commissioner. The Respondent No.4 is the Maharashtra Tourism Development Corporation Limited which is a Company owned and controlled by the State Government. The Respondent No.5 is the Employment Exchange which is set up by the State Government. The Respondent Nos.6 and 7 are the political parties (Bharatiya Janata Party and Janata Dal respectively). The Respondent No.8 is a Zunka Bhakar Kendra stall. The Respondent No.9 is the Mahila Arthik Vikas Mahamandal (MAVIM) which is again a Company owned and controlled by the State Government. A part of the said land having structures is occupied by the Respondent Nos.4 to 9.

(3.) The first Petitioner in this Petition is a Charitable Trust registered under the Bombay Public Trusts Act, 1950. Various activities carried out by the first Petitioner are set out in paragraph 2 of the Petition. The Petitioner No.7 is an Association of residents of Oval Cooperage area. The Petitioner No.9 is a Federation of Churchgate Residents. The credentials of the said two Associations are also set out in the Petition. The other Petitioners are citizens who are the residents of the area.