Affidavit in HC: 329 reserved plots encroached by illegal constructions in Vasai-Virar

The corporation in its affidavit filed in response to Public Interest Litigation (PIL) also said that it is in the process of acquiring the encroached reserved plots and demolishing the illegal constructions on them

Mumbai: In a shocking revelation before the Bombay high court (HC), the Vasai Virar Municipal Corporation (VVMC) has admitted that out of the 886 plots reserved for various public amenities as per the Development Plan 2007, 329 plots are encroached and illegal buildings for residential and commercial purposes have mushroomed on these plots.

The VVMC while addressing the concerns raised in the PIL has stated that it is in the process of vacating and acquiring the encroached reserved plots by levying fines and paying compensation to the occupiers and offering TDR. (StockPic)

The corporation in its affidavit filed in response to Public Interest Litigation (PIL) also said that it is in the process of acquiring the encroached reserved plots and demolishing the illegal constructions on them. The corporation has also submitted that the acquisition process is getting delayed due to a lack of funds and it has managed to acquire only 56 plots at a cost of ₹4,437.09 crore in the past five years.

The affidavit filed by Ashish Patil, additional municipal commissioner, VVMC has stated that the corporation has already been working towards achieving the demands made by the petitioner in the PIL. The PIL filed by Anant Patkar, an activist and resident of Virar and Manoj Patil through advocate Omprakash Parihar has sought the acquisition of all encroached reserved plots and demolition of all illegal structures constructed on them.

The PIL also seeks a court-monitored inquiry to ascertain which officers connived with the encroachers which resulted in the construction of illegal residential and commercial structures on the reserved plots. The PIL has claimed that unscrupulous elements have forcefully taken over the reserved plots and the corporation has done nothing to stop them.

The issue of encroachment of reserved plots and illegal constructions for residential and commercial purposes has been rampant in the VVMC jurisdiction as a result of which spaces reserved for public amenities like playgrounds, schools, welfare centres, hospitals, municipal markets, burial grounds, administrative offices among others have been lost at the cost of the public exchequer.

The VVMC while addressing the concerns raised in the PIL has stated that it is in the process of vacating and acquiring the encroached reserved plots by levying fines and paying compensation to the occupiers and offering TDR.

The affidavit further states that though the budget for acquisition of plots with the corporation for the past five years has been ₹9,557.41 crore, it was able to arrange only ₹5,154.34 crore of which ₹4,437.09 crore has been spent towards acquiring 56 plots. The acquired reserved plots are in five of its wards and the civic authority is in the process of issuing notices to other encroachers on reserved plots.

The affidavit states that it has recovered and acquired encroached reserved plots that were meant for playgrounds, gardens, hospital, high school, health care centres among others in the said wards.

Patil concludes that the VVMC has set up a Development Fund for collecting and arranging funds for acquisition of reserved plots that have been encroached and the VVMC is committed to comply with the reservations stipulated in the 2007 DP and will demolish all illegal structures on these plots by following due process of law.

The affidavit was filed in compliance with the directions of the division bench of justice Prasanna Varale and justice NR Borkar which had heard the PIL on October 3 and had directed the respondents which includes CIDCO has also been asked to respond. CIDCO was the planning authority for parts of Thane district which includes VVMC prior to 2007.

The state through additional government pleader Manish Pabale also informed the bench that some of the illegal structures on reserved plots had also been submitted in the court in the suo motu petition initiated by HC following the Gilani building collapse at Bhiwandi in which 41 people had died.

While making submissions on October 3, Parihar had also informed the bench that there was a blatant violation of the Maharashtra Regional Town Planning (MRTP) norms in the corporation but the authorities were turning a blind eye to the same.

The HC after hearing the submissions said that it would take up the issue for further hearing on November 9.