MOHAMMED BASHIR ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since all these writ petitions involve common questions of law and arise out of an interconnected factual background, they are being heard together and are disposed of by this common judgment and order. For the sake of convenience, Writ Petition No.11769 of 2012 is treated as the lead matter, and the facts therein are referred to as the principal case.

(2.) By these writ petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners in each matter have called in question the legality, validity, and propriety of the notice dtd. 20/11/2010 and the consequential order dtd. 29/3/2012 passed by the respondents. The petitioners seek appropriate writ, order and direction for setting aside the impugned actions as being contrary to law.

(3.) The brief facts giving rise to the present proceedings, as pleaded in Writ Petition No.11769 of 2012, are thus. The premises in question are situated upon land bearing Survey No.263, admittedly belonging to respondent No.1, being the State of Maharashtra. One Patel Maulanabee was allotted a plot beneath the said structure pursuant to an order dtd. 26/6/2000 passed by respondent No.1, by way of permanent alternate accommodation, in view of the destruction of the premises earlier occupied by her at Sanjay Nagar, Kurla. It is the case of the petitioner that in the year 1996, owing to a natural calamity, the structures occupied by thirteen families at Sanjay Nagar, Kurla were destroyed. The said affected families thereafter made representation to respondent No.1 seeking allotment of alternate sites for reconstruction of their shelters. Upon consideration of such request, the Secretary, Ministry of Housing and Special Assistance, State of Maharashtra, passed an order dtd. 26/6/2000 directing the Deputy Collector (ENC), Mumbai Suburban District, to permit the said thirteen persons to erect structures upon Survey No.263, CTS No.7, opposite Asmita Co-operative Housing Society. In furtherance of the aforesaid Government order dtd. 26/6/2000, the Tahsildar (ENC), Borivali, by communication dtd. 17/7/2001, requested the Senior Police Inspector, Kandivali Police Station, to extend police protection to the said thirteen families so as to enable them to construct their structures on the allotted land. It is stated that after the structures were erected, officers of respondent No.1 threatened demolition thereof. Consequently, the said thirteen occupants instituted S.C. Suit No.3910 of 2002 before the City Civil Court at Bombay seeking injunctive relief restraining respondent No.1 and its officers from demolishing the thirteen structures standing on Survey No.263, CTS No.7, Marve Road, Malad (West), Mumbai. By order dtd. 29/7/2002 passed in Notice of Motion No.2717 of 2002, the City Civil Court granted interim relief in terms of prayer clause (a), thereby restraining respondent No.1 and its officers from carrying out demolition.