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HC directs authorities to decide on Kausar Baug encroachment complaints
Bombay High Court directs authorities to take a decision on complaints concerning alleged illegal encroachments and unauthorised structures in Kausar Baug, Kondhwa
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PUNE: The Bombay High Court has directed the authorities to take a decision in accordance with law on complaints concerning alleged illegal encroachments and unauthorised structures in Kausar Baug, Kondhwa, while observing that it is the civic authority’s duty to ensure that roadsides remain free of encroachments.
A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna passed the order on September 10 while hearing a writ petition filed by the Kausar Baug Residents Forum.
The forum had sought directions for the removal of alleged illegal encroachments, unauthorised structures and unlawful commercial activities in the area. It alleged extensive roadside encroachments and claimed that authorities had failed to take effective action despite statutory provisions being available.
The court recorded the petitioner’s submission that “ample evidence has been brought on record to indicate that there is a massive encroachment at the roadside”.
The petition had originally sought a wider range of directions, including action against allegedly unauthorised eateries, hotels, roadside vendors, temporary structures, marriage halls and commercial establishments operating without required licences and permissions. It also raised issues of illegal parking, unauthorised rickshaw stands, sanitation, drainage, fire safety and emergency access for ambulances and fire brigade vehicles.
During the hearing, however, the petitioner restricted the relief sought to a direction requiring the authorities to take a final decision on the complaints under the applicable statutory provisions.
The bench noted that a detailed statutory procedure was available for dealing with such complaints and said the authorities should act in accordance with the law.
“As we find, it is the duty cast upon the authority to ensure that there may not be any such encroachment over the roadside,” the court observed.
The court, however, clarified that due process must be followed before action is taken against those concerned.
“We clarify that adequate notice/s are to be issued to the concerned persons before taking a decision in the matter,” the bench said.
It directed the corporation to conclude the proceedings in accordance with law. “We expect that the proceedings are to be finalised by the Corporation, in accordance with law,” the order stated.
The petition was disposed of with the consent of the parties, without the court examining the merits of the allegations.
“With the consent of the parties, we dispose of the Writ Petition, in the above terms without adverting to the merits of the matter,” the bench said.
The petition was filed by the Kausar Baug Residents Forum through its representative against the State of Maharashtra and other respondents. Advocate Rahul S. Kate, along with advocate Hritwik Kate, appeared for the petitioner. Government Pleader Neha S. Bhide, along with Additional Government Pleader O.A. Chandurkar and Assistant Government Pleader M.P. Thakur, appeared for the respondents.
