ATMARAM DASRATH UKEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed in public interest to command the respondents to immediately remove the encroachments made on the lands reserved for public utility, garden, dispensary and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation. It further prays to command the respondents to take care that the encroachments do not occur again after their removal. The petition has been filed by five persons, amongst which the petitioner No.1 claims to be the social worker, however his name is deleted as per the order passed by this Court on 6-5-2014.

(2.) By an administrative order dated 1-4-2008 passed by the then Senior Administrative Judge at the Nagpur Bench of the Bombay High Court, the petition was directed to be treated as Public Interest Litigation, as it highlights the apathy and inaction on the part of the respondents to remove the encroachments on the public utility land and espouse the cause of the Bezanbag residents. Notice was issued on 3-4-2008 to the respondents.

(3.) The respondent No.1 is the Urban Development Department, whereas the respondent No.2 is the Revenue Department of the State Government, the respondent No.3 is the Commissioner, Nagpur Municipal Corporation, the respondent No.4 is the District Collector, the respondent No.5 is the Commissioner of Police, the respondent No.6 is the Bezanbag Sangharsh Samiti, and the intervenor is the Bezanbag Pragatisheel Kamgar Gruh Nirman Sahakari Sanstha Maryadit. About 29 persons have filed an application for intervention, which has been allowed by this Court on 2-11-2012.