IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 53 OF 2013
DISTRICT: THANE
Sandeep Sharadchandra Thakur ......Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
INDEX
Sr. Particulars Page No.
1 Synopsis A
2 Petition 1
3 Exhibit “A”
A copy of Google Map of part of MIDC Property
4 Exhibit “B”
A copy of Photograph of CIDCO property.
5
Exhibit “C”
A copy of MIDC Letter dated 10.07.2011
Confirming that the MIDC property is encroached by
Shri. Ganesh Naik.
6 Exhibit “D”
A copy of MIDC internal memo dated 19.
04.2004 stating that MIDC property is unauthorisedly
occupied by local leader Shri. Ganesh Naik
7 Exhibit “E”
A copy of the MIDC internal memo dated 11.03.2011 titled
“usurpation of government land by the Thane Guardian
Minister”.
8 Exhibit “F”
A copy of MIDC letter dated 29.11.2012 to the petitioner
stating that the encroachment of the MIDC property is by
Shri. Santosh Tandel nephew of Shri. Ganesh Naik.
9 Exhibit “G”
A copy of the MIDC letter dated 16.01.2013
to the petitioner stating that the encroachment of the MIDC
property is by the Bavkhaleshwar
Mandir Trust and that the encroached area is only 1119.84
sq.m.
10 Exhibit “H”
A copy of the MIDC letter dated 06.02.2013
Admitting encroachment of 1, 32,481 sq. m. of MIDC Open
Space land.
11 Exhibit “I”
A copy of the MIDC Engineer’s full report dated 05.02.2013
giving details of the area of encroachment of 1,32,480
sq.m.
12 Exhibit “J”
A copy of the List of trustees of Bavkhaleshwar Mandir Trust
showing three nephews of Shri. Ganesh Naik as it’s
trustees.
13 Exhibit “K”
A copy of the Petitioner’s RTI Application dated 02.01.2013
to NMMC enquiring whether the CIDCO property is
authorized or unauthorized
14 Exhibit “L”
A copy of the NMMC’s reply dated 31.01.2013 to Petitioner
stating that NMMC does not have any records whatsoever
about the same and conveying it’s inability to show the file
as it does not exist.
15 Exhibit M”
A copy of the NMMC’s letter dated 02.02.2013 informing the
petitioner that the CIDCO property is in the name of Shri.
Santosh Tandel
16 Exhibit “N”
A copy of the Letter dated 22.10.2012 from Shri. Ganesh
Naik’s Personal Secretary on official government Letter
Head calling the NMMC Commissioner, MIDC CEO and the
commissioner of Police for a meeting at the CIDCO
property.
14 Exhibit “O”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. OF
2013
DISTRICT: THANE
7 A copy of the Letter dated 11.09.2012 from Shri. Sandeep
Naik calling NMMC Commissioner and NMMC officials for a
meeting at the CIDCO property
Last Page No.
Sandeep Sharadchandra Thakur ....... Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
SYNOPSIS
Sr. No Dates Events
1. 1962 MIDC formed to acquire and allot land for
the development of industries in
Maharashtra and also appointed as the
Special Planning Authority for the acquired
lands.
.
2. 1967-72 MIDC acquires lands at the relevant Trans
Thane Creek Area by paying full
compensation to the earlier land owners.
3. 1971-73 The State of Maharashtra acquires lands
at Navi Mumbai in non MIDC area and
vests them with CIDCO.
4. 1994 State Government appoints NMMC as the
planning authority of the developed nodes
within Navi Mumbai like Vashi, Belapur,
etc. CIDCO, however, continues to be the
landlord.
5.19.04.2004 MIDC records in one of it’s internal memos
that about 12,600 sq. m. area consisting of
industrial plots out of the total MIDC
property of about 1,45,080 sq. m. is
unauthorisedly occupied by ‘local leader
Shri.Ganesh Naik’ Cabinet Minister in the
Maharashtra Government.
6.11.03.2011 MIDC records in one of it’s internal memos
titled ‘Complaint of usurpation of land by
the Thane Guardian Minister’ that ‘local
people threaten the officials who go for the
measurement of the said place’
7.10.07.2011 MIDC writes officially to one Mr. Mhatre
that the balance part of about 1,32,480
sq.m. of MIDC property meant to be ‘Open
Space’ in the MIDC layout is encroached by
Shri. Ganesh Naik by unauthorisedly doing
construction on the same.
8 .29.11.2012 Petitioner is informed by MIDC that the
above stated encroachment on the said
MIDC property is by Shri. Santosh Tandel,
promoter of the proposed Shiv Shambho
Charitable Trust and that MIDC’s surveyor,
was threatened and thrown out from the
place when he had gone to enquire. Mr.
Santosh Tandel is the nephew of Shri.
Ganesh Naik.
9.16.01.2013 Petitioner, this time, is informed by MIDC
that the encroachment is by the
Bavkhaleshwar Mandir Trust. The trust
has a Board of Trustees consisting of
three nephews of Shri. Ganesh Naik
including the above stated Shri. Santosh
Tandel. It is further informed that the
actual encroachment is only 1119.84 sq.
m.
10 06.02.2013 When the petitioner protests to MIDC for
providing misleading information, MIDC
provides a report dated 05.02.2013 to the
petitioner admitting that the encroached
open space area is actually 1,32,480 sq.
m. where asphalted roads, coconut
plantations, lawns, paved portions and
even a lake is developed.
11 31.01.2013 NMMC informs the petitioner, in response
to his RTI application that whether or not
the CIDCO property consisting of about
5600 sq. m. of land with a bungalow of
about 301 sq. m. and compound walls
built thereon is authorised or not cannot
be informed and file regarding the same
cannot be provided for inspection as
NMMC does not have any file regarding
it’s development at all.
12 02.02.2013 NMMC informs the petitioner, in response
to his RTI Application, that the above
stated CIDCO property is also in the
name of Shri. Santosh Tandel, the above
stated nephew of Shri. Ganesh Naik.
13. Feb 2013 Petitioner obtains letters dated
11.09.2012 and 22.10.2012 written
respectively by Shri Ganesh Naik’s son
Shri. Sandeep Naik, MLA and by Shri
Ganesh Naik’s secretary calling top
government officials of NMMC, MIDC and
Police for meetings with Shri. Ganesh
Naik and Shri Sandeep Naik at the above
stated CIDCO property.
14 ------ Though it is an admitted position that
both the above stated MIDC property and
the CIDCO property are illegally occupied
and development thereon is
unauthorized, no action is being taken by
the MIDC, NMMC and CIDCO to remove
the encroachment and repossess the
properties because of the active
involvement of Shri. Ganesh Naik in the
said encroachment and development.
Hence this petition.
Points to be urged:
Whether the petitioner is entitled to the reliefs prayed for
Acts to be referred:
1. Constitution of India
2. The Maharashtra Regional Town Planning Act, 1966
Authorities to be relied:
At the time of hearing, if any.
Place:
Date: February, 2013.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. OF 2013
DISTRICT: THANE
In the matter of Articles 14 and 226
of the Constitution of India;
And
In the matter of The Maharashtra
Regional & Town Planning Act,
1966;
And
In the matter of The Bombay
Provincial Municipal Corporation
Act, 1949.
Sandeep Sharadchandra Thakur, )
of Navi Mumbai, aged 62, Indian )
inhabitant, residing at F8/RH6/Sector 6, )
Vashi, Navi Mumbai 400 703 having )
PAN No.AADPT0874G, Mobile No. )
98202 17381 and e mail id. thakur. )
[email protected] ) ……..Petitioner
Versus
1. The State of Maharashtra, a copy of )
the petition to be served through the )
Government Pleader (A.S.), Bombay )
High Court, Mumbai, 400 001. )
2. Navi Mumbai Municipal Corporation, )
a statutory body incorporated under )
the Bombay Provincial Municipal )
Corporation Act, 1949, having its )
office at Belapur Bhavan, CBD, )
Belapur, Navi Mumbai 400 614. )
3. Maharashtra Industrial Development )
Corporation, a Corporation owned )
by the state government and )
coming under it’s Industries, Energy )
& Labour Department, having it’s )
office at “Udyog Sarathi”, Marol )
Industrial Area, Mahakali Caves Road, )
Andheri (East) Mumbai, 400 093. )
4. City & Industrial Development )
Corporation of Maharashtra Limited )
a Company incorporated under the )
provisions of the Companies Act, )
1956, having its office at CIDCO )
Bhavan, CBD Belapur, Navi Mumbai, )
400 614. )
5. Shri. Ganesh Naik, Guardian Minister )
of Thane and the Minister of Excise )
& Non Conventional Energy of the )
Government of Maharashtra residing )
at 102, Balaji Garden Cooperative )
Housing Society Limited, Sector 11, )
Kopar Khairne, Navi Mumbai, 400 709. )
6. Bavkhalheshwar Mandir Trust, a trust )
registered on 15.12.2010 under the )
Bombay Public Trusts Act,1950 and )
having it’s office at Sector 11, Kopar )
Khairne, Navi Mumbai, 400 709. )
7. Shri. Santosh Y. Tandel, residing at )
Glass House, North Side Ulwa )
Creek, Killegaon, Opp. Lakhani )
Centrum, Sector 15, CBD Belapur )
Navi Mumbai, 400 614. ) …...Respondents
TO
THE HON’BLE THE CHIEF JUSTICE AND
THE HON’BLE PUISNE JUDGES OF THIS
HON’BLE COURT OF JUDICATURE AT BOMBAY
THE HUMBLE PETITION
OF THE PETITIONER
ABOVENAMED
MOST RESPECTFULLY SHEWETH:
1. The petitioner is a citizen of India. The petitioner, since 1980, is
residing at the address shown in the cause title of the petition.
The petitioner is employed as a vice president in a multinational
company in private sector for gain. Petitioner is also actively
involved in social causes. The Petitioner, in the past, was
appointed as a ‘Representative of Navi Mumbai Citizens’ by
Respondent No. 2 Navi Mumbai Municipal Corporation
(hereinafter called NMMC) as a member of the Advisory
Committee formed for the preparation of ‘City Mobility Plan for the
Navi Mumbai Municipal Corporation Area’. Respondent No.1 is
the State of Maharashtra. Respondent No.2, NMMC, is a
Corporation formed under the provisions of the Bombay
Provincial Municipal Corporation Act, 1949. Respondent No.3,
Maharashtra Industrial Development Corporation (hereinafter
called MIDC) is a corporation of the Respondent No.1 state
government, which has, inter alia, acquired lands in the Trans
Thane Creek area in Navi Mumbai for development and allotment
for industrial purposes. It also acts as a special planning authority
for the development of industries under it’s area. Respondent
No.4, City and Industrial Development Corporation of
Maharashtra Limited (hereinafter called CIDCO), is a company
registered under the Companies Act, 1956 whose shares are
owned by the Respondent No.1 state government. Respondent
No. 5, Shri. Ganesh Naik, is the Member of the Legislative
Assembly from Belapur constituency in Navi Mumbai and is the
Minister for Excise & Non-Conventional Energy of the
Respondent No.1 state government and also the Guardian
Minister of Thane District. Respondent No. 6, Bavkhalheshwar
Mandir Trust, is a trust registered under the Bombay Public
Trusts Act, 1950 and Respondent No.7, Shri. Santosh Y. Tandel,
is the nephew of Shri. Ganesh Naik, Respondent No. 5.
Respondent Nos.2, 3 and 4 are ‘state’ within the meaning of
Article 12 of the Constitution of India. The Respondents are
amenable to the jurisdiction of this Hon’ble Court under Article
226 of the Constitution of India. The Petitioner has filed this
petition in public interest.
2. Petitioner is not involved in any civil, revenue or criminal
litigation in any capacity before any Court or Tribunal.
The petitioner occasionally appears before the Customs,
Excise and Service Tax Appellate Tribunal as the
authorised representative of his employer.
3. Petitioner states that the present petition is being filed in
public interest and the petitioner does not have any
personal interest in the matter. The petition is not being
filed for any personal gain, private motive or oblique
reasons. The petition is being filed in the interests of
citizens of Navi Mumbai.
4. Petitioner states that the entire litigation costs and other
charges are being borne by the petitioner and the
petitioner shall be appearing in person to represent his
case. Petitioner regularly pays substantial Income Tax
and his PAN No. is as stated in the cause title of the
petition. The petitioner is not an active member of any
political party.
5. Petitioner submits that proper research has been
conducted by the petitioner in the matter raised through
this petition and the relevant documents are annexed to
the petition. Petitioner further submits that the petitioner
has personally verified the facts stated in this petition.
6. Petitioner submits that to the best of petitioner’s
knowledge and research, the issue of “ illegal
encroachment of and construction at Open Space Plot
No.12, C Block, and the industrial plots C170 to C174
located at Trans Thane Creek area at Pavne Region in
Navi Mumbai (hereinafter called MIDC property) and at
Plot No.27, North Side, Ulwa Creek, Killegaon Belapur,
Navi Mumbai (hereinafter called CIDCO property) ”,
which is raised in this petition, was not dealt with or
decided earlier and that a similar or identical petition was
not and has not been filed by the petitioner.
7. Petitioner agrees that he shall disclose the source of his
information, leading to the filing of this petition, if directed
by this Hon’ble Court.
8. Petitioner states that he has understood that in
the course of hearing of this petition the court may
require him to furnish any security towards costs or any
other charges and the petitioner shall have to comply
with such requirements.
9. Petitioner states that Respondent No. 5, Shri. Ganesh
Naik, is the M.L.A. from Belapur constituency of Navi
Mumbai, the Minister for Excise & Non Conventional
Energy of the Government of Maharashtra and the
Guardian Minister of Thane District. His elder son Shri.
Sanjeev Naik is the Member of Parliament from the
Thane Parliamentary Constituency and the younger son
Shri. Sandeep Naik is the M.L.A. from the Airoli
Constituency of Navi Mumbai. His nephew (his brother
Shri. Dnyaneshwar Naik’s’s son), Shri. Sagar Naik is the
Mayor of the NMMC. All of them belong to the
Nationalist Congress Party which has absolute majority
in the NMMC and shares power with the Congress Party
in the state government. Petitioner states that, being the
leader of the party in power and having so many close
family members holding so many important political
positions, the said Shri. Ganesh Nailk, and through him,
his other family members hold considerable political
clout and power in and around the area of Navi Mumbai.
10. Petitioner submits that the said Shri. Ganesh Naik,
misusing his said power, has encroached upon and
occupied the said MIDC property of about 1,45,080
sq.m. consisting of about 1,32,480 sq.m. area of Open
Space and about 12,600 sq.m. area of Industrial Plots
C170 to C174 to the west of the said Open Space. The
said Shri. Ganesh Naik has also illegally encroached the
said CIDCO property consisting of about 5,600 sq. m. of
CIDCO land and, after enclosing the same by
constructing a boundary wall, built thereon a modern
bungalow popularly known as “Glass House”
admeasuring about 301 sq. m. Annexed herewith and
marked Exhibit A is the Google Map of the part of the
said encroached MIDC property. Also annexed
herewith and marked Exhibit B is the photograph of the
said encroached CIDCO Property and the bungalow
illegally developed thereon.
11. Petitioner submits that the fact that the said MIDC
Property at Exhibit A is encroached upon and then
developed is not in dispute. This is evident from the
letter dated 10.07.2011 sent by MIDC to one Shri.
Haribhau Kamba Mhatre wherein it is clearly stated that
the said Open Space Plot No. 12 is encroached by the
Respondent No.5 Shri. Ganesh Naik by unauthorisedly
doing construction on the same. The said letter is
annexed hereto and marked Exhibit C. Petitioner also
annexes herewith and marks Exhibit D an internal MIDC
memo dated 19.04 2004 clearly stating that the Industrial
Plots C170 to C174 have been unauthorisedly occupied
by ‘local leader Shri. Ganesh Naik’. It is evident from the
above that MIDC is fully aware since 2004 that the said
encroachment is by Shri. Ganesh Naik. Petitioner
submits that the supporters of Shri. Ganesh Naik are
preventing MIDC personnel from removing the
encroachments by use of threats of violence. A copy of
one internal memo dated 11.03.2011 to the Regional
Manager of MIDC titled ‘Sub: Complaint regarding
usurpation of government land by the Thane Guardian
Minister’ and mentioning therein that ‘local people
threaten the officials who go for the measurement of the
said place’ is annexed herewith and marked Exhibit E to
this petition.
12. Petitioner submits that the clout of Shri. Ganesh Naik is
such that MIDC is now even scared to admit that Shri.
Ganesh Naik is involved in this encroachment. Petitioner
annexes herewith a copy of the initial MIDC letter dated
29.11.2012 received by the petitioner against the
petitioner’s Right to Information Application admitting the
said encroachment but stating that the said
encroachment is by Respondent No.7 Shri. Santosh
Tandel, allegedly the promoter of the proposed Shiv
Shambho Charitable Trust and further stating that the
MIDC’s ‘surveyor was threatened and thrown out when
he had gone to the site to enquire about the
encroachment’. A copy of the said MIDC letter dated
29.11.2012 is annexed herewith and marked Exhibit F.
13. Petitioner, after complaining about insufficient and
misleading information received vide the above Exhibit F
letter, received another letter dated 16.01.2013 from
MIDC whereby the petitioner was, this time, informed
that the encroachment is by the Respondent No.5
Bavkhaleshwar Mandir Trust and further mischievously
stating that a) the actual encroachment is only 1119.84
sq.m., b) the ‘rest of the place has been beautified by
planting coconut trees, developing lawns and roads and
building security walls’ by the very same trust which has
encroached the said area of 1119.84 sq.m., c) it cannot
be stated as to whether or not the concerned Shri.
Ganesh Naik is the same Shri. Ganesh Naik who is the
minister in the Maharashtra Government,d)the
concerned space is open to all and e) the same is not
being used for any ‘Industrial, commercial, residential or
private purpose’. A copy of the said letter dated
16.01.2013 is annexed herewith and marked Exhibit G.
14. When the petitioner, by providing Google Map to
MIDC, strongly protested to the CEO and Regional
Manager of MIDC about the suppression of the size of
the encroachment and further enquired as to how it can
be said that the said area is not being used for any
private purpose when the concerned trust is registered
by certain private individuals, MIDC finally confirmed by
it’s letter dated 06.02.2013 that the said trust is a private
trust and provided the petitioner with a report dated
05.02.2013 of the Deputy Engineer / SPA of MIDC
containing full details about the area of encroachment
admeasuring about 1,32,480 sq.m.. Copies of the said
letter dated 06.02.2013 and the said report dated
05.02.2013 are annexed herewith and respectively
marked Exhibit H and Exhibit I.
15. Petitioner submits that it is evident from the Exhibit I
report that the encroachment of Open Space of the said
MIDC property alone is about 1,32,480 sq. m. and the
said encroachment not only contains a massive area of
coconut plantations of about 54,800 sq. m., internal
asphalted roads of about 16,000 sq. m., a lawn of about
20,100 sq. m. but even a meticulously carved out pond /
lake of about 9,500 sq. m. all of which is visible from the
Exhibit A Google Map.
16. Petitioner submits that the Respondent No.6, the
Bavkhalheshwar Mandir Trust, is merely a front
organization of Shri. Ganesh Naik and is managed
through his relatives and confidants. Petitioner annexes
herewith and marks Exhibit J , a list of trustees
submitted by the said trust to the Asst. Charity
Commissioner, Thane. Petitioner reliably understands
that the first trustee, Shri. Santosh Yashwant Tandel,
Respondent No.7, is the son of Mrs. Shakuntala
Yashwant Tandel who is the sister of Respondent No.5,
Shri Ganesh Naik. The second trustee, Shri. Nandu
Shripat Mhatre, is the son of Mrs. Thakubai Shripat
Mhatre, another sister of Shri. Ganesh Naik. The third
trustee, Shri. Sadanand Tulshiram Mhatre, is the son of
Mrs. Devubai Tulhshiram Mhatre yet another sister of
Shri. Ganesh Naik. Petitioner submits that the said trust
does not have the wherewithal to encroach and then
maintain such a huge area of land with lawns, asphalted
roads, coconut plantations, structures and even a lake.
Petitioner submits that from the documents provided to
the petitioner it is seen that the said trust has paid Rs. 17
lakhs and Rs.1.26 lakhs on 11.10.2012 and 15.10.2012
to NMMC towards property tax payments for the year
2012-13 alone. The development and maintenance of
coconut plantations, asphalted roads, lawns, lake and
buildings of the size on the said MIDC property would
cost lakhs of rupees per annum. Petitioner, therefore,
strongly feels that it is necessary to investigate as to
who, in fact, is funding this encroachment.
17. Petitioner understands that, the MIDC has, twice in the
past, attempted to dispose of the Industrial Plots C170 to
C174 in the said MIDC property admeasuring about
12,600 sq. m. but MIDC was unable to dispose them of
as no prospective buyers are coming forward to
purchase the said plots knowing fully well that the same
are already encroached by the Respondent No.5, Shri.
Ganesh Naik and realising that if a public authority like
the Respondent No.3, MIDC, is incapable of evicting
him, they certainly can’t. Petitioner understands that the
per sq. m. MIDC rate for the said plots is Rs.16,000 per
sq. m. and the revenue that MIDC can generate if MIDC
succeeds in selling the said plots is about (Rs. 16,000 x
12,600 sq.m. =) Rs. 20,16,00,000. Petitioner submits
that though the balance area of about 1,32,480 sq. m.,
which is reserved as open space and is adjacent to the
said industrial plots, is not meant for sale, it’s notional
value is about (Rs.16,000 x 1,32,480 =) Rs.
211,96,80,000.
18. Petitioner submits that the said CIDCO property at
Exhibit B too is occupied by the Respondent No.5, Shri.
Ganesh Naik by resorting to encroachment and by
illegally building thereon a bungalow without any
permission from the Respondent No.2, NMMC, in whose
jurisdiction it is located. Petitioner has received a letter
dated 31.01.2013 from NMMC against the petitioner’s
RTI Application dated 02.01.2013 wherein the Town
Planner of NMMC has stated that the NMMC cannot
provide any information as to whether the said
development is authorized or not, or provide details of
the Commencement and Occupation Certificates
regarding the same, or allow the inspection of the file
regarding it’s permissions as the NMMC does not have
any records whatsoever regarding the said development.
A copy of the petitioner’s RTI Application dated
02.01.2013 and the NMMC’s reply dated 31.01.2013
thereto are annexed herewith and respectively marked
Exhibit K and Exhibit L.
19. Petitioner interestingly finds that the said CIDCO
property too is in the name of Respondent No.7, Shri.
Santosh Yashwant Tandel, nephew of Shri. Ganesh
Naik and the promoter trustee of the Respondnet No.6
trust who the MIDC claims has encroached on the MIDC
property. Petitioner annexes herewith a letter dated
02.02.2013 received from the Asst. Assessor & Collector
of taxes of NMMC wherein it is stated that the said
CIDCO property is “in the name of Shri Santosh Y.
Tandel”, Respondent No.7. Petitioner submits that the
said letter also indicates that the Respondent No.7 has
paid Rs.9.83 lakhs as property tax for the said property
within the last 5 years. Petitioner submits that the
funding of the said payments too needs to be
investigated. Petitioner annexes herewith and marks as
Exhibit M , the copy of the said letter dated 02.02.2013.
20. Petitioner submits that the said nephew is merely a front
for Shri. Ganesh Naik and the said CIDCO property is, in
fact, used by Shri. Ganesh Naik himself and his sons for
official and personal purposes. Petitioner has obtained a
copy of the official letter from Shri. Ganesh Naik dated
22.10.2012 signed by the Personal Secretary of Shri.
Ganesh Naik calling, amongst others, the
Commissioner of NMMC, Chief Executive Officer of
MIDC and Commissioner of Police, Navi Mumbai to
meet Shri. Ganesh Naik at the said unauthorized and
illegal CIDCO property. Petitioner annexes herewith and
marks Exhibit N a copy of the said letter dated
22.10.2012. Petitioner has also obtained a copy of the
official letter dated 11.09.2012 signed by Shri. Sandeep
Ganesh Naik, MLA and son of Shri. Ganesh Naik,
addressed to the Commissioner of NMMC calling the
said Commissioner along with concerned officials of
NMMC at the said unauthorized and illegal CIDCO
property. Petitioner annexes herewith and marks Exhibit
O , a copy of the said letter dated 11.09.2012. Petitioner
further submits that the petitioner had filed an RTI
application on 14.01.2013 before the Public Information
Officer of the office of the Commissioner of Police, Navi
Mumbai enquiring the number of times Shri. Ganesh
Naik ‘has visited / held meetings at the said bungalow’ at
the said CIDCO property between 01.10.2012 to
31.12.2012 as per the police records but the said Public
Information Officer has, for obvious reasons, not
furnished any information to the petitioner.
21. Petitioner finds it extremely distressing that senior
bureaucrats like the NMMC Commissioner, the Police
Commissioner of Navi Mumbai and the CEO of MIDC,
who are required to take action against encroachments
and illegal developments on public lands, are
themselves attending meetings called by Shri. Ganesh
Naik at a bungalow illegally developed on encroached
public land and that the Respondent No.5, who is
appointed by the Respondent No.1 as the Guardian
Minister of Thane District to ‘guard’ the interests of
District Thane is himself actively involved in jeopardizing
them.
22. Petitioner submits that the said CIDCO property is on
land owned by the Respondent No.4 CIDCO but CIDCO,
for obvious reasons, is not taking any action to reclaim
the property belonging to it. Petitioner submits that the
said CIDCO property is located in the area which is
under the jurisdiction of the Respondent No.2, NMMC as
the planning authority but NMMC, for obvious reasons, is
also not taking any action of demolishing the bungalow
admittedly built illegally on the said CIDCO property
without obtaining from NMMC the permissions required
to be obtained for it’s construction. Petitioner submits
that the said MIDC property is on the land belonging to
the Respondent No.3, MIDC, which the MIDC had
acquired between 1967 to 1972 by paying full
compensation to the then land owners but MIDC, for
obvious reasons, is also not taking any action to reclaim
the said property belonging to it.
23. Petitioner submits that, from the above, it is quite
obvious that the officials of the Respondent Nos. 1 to 4,
due to the overwhelming political influence of the
Respondent No.5, Shri. Ganesh Naik and his family, are
scared and afraid of taking any action against the
Respondent Nos.5 to 7 and the public property
encroached by Shri. Ganesh Naik and his family is not
being restored to the public authorities to whom it
belongs.
24. In the circumstances, the petitioner is entitled to a writ of
mandamus or any other appropriate writ, order and direction,
directing the Respondent Nos. 1 to 4 to take steps to
forthwith evict Respondent Nos. 5 to 7 from the said MIDC
property and the said CIDCO property, restore the said
properties to the rightful authorities, investigate the funding of
the development and maintenance of the encroached
properties and take action against the persons responsible to
sustain the said encroachments and illegal developments
.
25. The Petitioner is also entitled for an order and direction of this
Hon’ble Court, pending the hearing and final disposal of the
present Writ Petition, restraining Respondent Nos. 5 to 7 or
their servants, agents, officers or any person or persons
claiming through or under them from in any manner entering
or using the said MIDC property and the said CIDCO
property for any purpose whatsoever.
26. The Petitioner submits that the Respondents 1 to 4 are not
performing their statutory duties though they are duty bound
to perform them.
27. The Petitioner has no other efficacious and expeditious
remedies available other than the writs prayed for.
28. The Petitioner states that the Respondents are amenable to
the jurisdiction of this Hon’ble Court. Therefore, this Hon’ble
Court has jurisdiction to entertain and try this petition.
29. The Petitioner has not filed any other Petition or Application
or Appeal either in this Hon’ble Court or the Supreme Court
of India in regard to the subject matter of this Petition.
30. That the Petitioner has paid the court fee of Rs. 250 for this
Petition.
The Petitioner, therefore, prays:
That this Hon’ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, order or direction
in the nature of mandamus,
a) directing the Respondent Nos.1 to 4 to take steps to evict
Respondent Nos. 5 to 7 from the said MIDC property and
the said CIDCO property and after restoring the said
properties to their rightful authorities, demolish the
unwanted developments on the said MIDC property and the
said CIDCO property.
b) To take appropriate legal actions against the officers of the
Respondent Nos.1 to 4 for their failure to perform their
statutory duties of preventing / clearing encroachments on
public lands and demolishing unauthorized constructions.
c) Pending the hearing and final disposal of the present writ
petition, this Hon’ble Court be pleased to restrain
Respondent Nos.5 to 7 , their servants, agents, officers or
any person or persons claiming through or under them from
in any manner enter or use the MIDC property and CIDCO
property for any purpose whatsoever and direct Respondent
Nos. 1 to 4 to ensure that the said restraint order is
complied with.
d) Pending the hearing and final disposal of the present writ
petition, this Hon’ble Court be pleased to issue directions to
investigate the funding of the huge encroachments of the
said MIDC property and CIDCO property, costly
developments thereon as also the maintenance and upkeep
of those developments.
e) Pending the hearing and final disposal of the present writ
petition, this Hon’ble Court be pleased to direct appropriate
civil / criminal actions against the persons responsible for
the said encroachments and developments on the said
MIDC property and the said CIDCO property.
f) Interim and ad-interim reliefs in terms of prayer clauses c),
d) and e) above be granted;
g) Costs of this Petition be awarded to the Petitioner; and
h) For such other and further reliefs as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the
case.
And for this act of kindness, the Petitioner as in duty bound, shall
forever pray.
Petitioner
V E R I F I C A T I O N
I, Sandeep Sharadchandra Thakur, the Petitioner above
named, Indian inhabitant of Navi Mumbai, state on solemn
affirmation, that what is stated in the foregoing Writ Petition is true
to my own knowledge and is based on my information and belief
and I believe the same to be true.
Solemnly affirmed at Mumbai, )
This day of February 2013 ) Deponent
Before me
Petitioner in Person.
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