Find out if IIT-B land has been encroached upon: HC to collector
Mumbai:
Bombay High Court
has ordered the collector (suburbs) to carry out a survey to ascertain if land belonging to
IIT Bombay
at Powai, Andheri East, has been encroached upon. Chief Justice Alok Aradhe and Justice Makarand Karnik on Wednesday directed that in case encroachment is found on the land belonging to IIT-B, "the collector shall initiate action for removal of encroachment in accordance with law".The order was passed on a
public interest litigation
by activist Shabbir Shaikh, seeking the removal of unauthorised and illegal constructions on govt land made by three persons. His petition stated it was an open plot where children played, "but it is now occupied by the respondents". Shaikh made several complaints on IIT-B and BMC portals and at Powai police station, but to date, no action was taken, and the respondents "and their henchmen are continuing with the
unauthorised construction
work".
Shaikh was also allegedly threatened with dire consequences if he raised any objection.Shaikh's advocate, Laxman Kalel, said despite complaints made to the higher authorities about the constructions by the respondents, no action was taken to remove the encroachment. The respondent's advocate disputed the submission and denied his clients encroached upon IIT-B land.The judges, in their order, said, "Undoubtedly, no individual has a right to encroach on anybody's land".
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However, whether or not the respondents encroached on the land belonging to IIT-B "is a question of fact, which is disputed, which cannot be determined in summary proceedings" before the high court.Therefore, they directed the collector to issue a notice to the petitioner, the chief executive officer of IIT-B, as well as the respondents, for carrying out the survey in their presence "to ascertain the encroachment on the subject land". The collector was directed to give the parties an opportunity for a hearing and to submit documents in support of their claim. Any person aggrieved by the collector's order will be at liberty to take recourse to remedy available in law, they added.The judges also recorded govt pleader Neha Bhide's undertaking that assistance of police will be provided to the collector "for removal of the encroachment from the subject land, if found to be the land of IIT-Bombay". They disposed of the PIL, directing that the "entire exercise shall be completed within a period of three months from today". Mumbai: Bombay High Court has ordered the collector (suburbs) to carry out a survey to ascertain if land belonging to IIT Bombay at Powai, Andheri East, has been encroached upon. Chief Justice Alok Aradhe and Justice Makarand Karnik on Wednesday directed that in case encroachment is found on the land belonging to IIT-B, "the collector shall initiate action for removal of encroachment in accordance with law".The order was passed on a public interest litigation by activist Shabbir Shaikh, seeking the removal of unauthorised and illegal constructions on govt land made by three persons. His petition stated it was an open plot where children played, "but it is now occupied by the respondents". Shaikh made several complaints on IIT-B and BMC portals and at Powai police station, but to date, no action was taken, and the respondents "and their henchmen are continuing with the unauthorised construction work". Shaikh was also allegedly threatened with dire consequences if he raised any objection.Shaikh's advocate, Laxman Kalel, said despite complaints made to the higher authorities about the constructions by the respondents, no action was taken to remove the encroachment. The respondent's advocate disputed the submission and denied his clients encroached upon IIT-B land.The judges, in their order, said, "Undoubtedly, no individual has a right to encroach on anybody's land". However, whether or not the respondents encroached on the land belonging to IIT-B "is a question of fact, which is disputed, which cannot be determined in summary proceedings" before the high court.Therefore, they directed the collector to issue a notice to the petitioner, the chief executive officer of IIT-B, as well as the respondents, for carrying out the survey in their presence "to ascertain the encroachment on the subject land". The collector was directed to give the parties an opportunity for a hearing and to submit documents in support of their claim. Any person aggrieved by the collector's order will be at liberty to take recourse to remedy available in law, they added.The judges also recorded govt pleader Neha Bhide's undertaking that assistance of police will be provided to the collector "for removal of the encroachment from the subject land, if found to be the land of IIT-Bombay". They disposed of the PIL, directing that the "entire exercise shall be completed within a period of three months from today".
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