Bombay High Court Orders Protection of Government Land from Illegal Encroachments in Mumbai Suburb

The Bombay High Court has directed the Maharashtra Chief Secretary to issue appropriate orders to district collectors to take adequate measures to protect government land from illegal encroachments and constructions, particularly in the Mumbai suburb of Kandivali. The court criticized the "negligent conduct" of the Mumbai Suburban collector and his subordinate officers in addressing the issue, noting their indifference in allowing government land reserved for a garden to be encroached upon and damaged, depriving citizens of their right to clean air.

The court was hearing a PIL filed by an NGO regarding encroachment on government land in Kandivali. While the government had accepted the encroachment and was directed to remove it by June 2019, an alleged encroacher obtained a stay from the court, which is still continuing. The court expressed disappointment that the government has not made any efforts to vacate the stay even after three and a half years.

Why this matters: The court's order highlights the ongoing problem of illegal encroachments on government land in Mumbai and the failure of authorities to effectively address the issue. Protecting public spaces like gardens is crucial for ensuring citizens' access to clean air and a healthy environment in the densely populated city.

The court has now directed the Chief Secretary to ensure that the district collectors take necessary steps to protect the government land at the earliest. The court also directed the Mumbai Suburban collector to inspect the plot in question within eight weeks and submit a report. The state government has been asked to file an affidavit on the steps taken by the collector's office to comply with the court's directions, with further hearings scheduled for April 24.

In its order, the court noted, "The Mumbai Suburbs Collector and his subordinate officers have been negligent and apathetic in discharging their duties, allowing the government land reserved for a garden to be encroached upon and damaged, depriving citizens of their right to clean air." The court directed the government to comply with the four-year-old direction to remove encroachments at the earliest and inform the court about the steps taken by the next hearing date.

Key Takeaways

• Bombay HC directs Maharashtra Chief Secy to protect govt land from encroachment
• Court criticizes negligence of Mumbai Suburban collector in allowing encroachment
• PIL filed on encroachment of govt land in Kandivali, stay obtained by encroacher
• Court orders collector to inspect plot, govt to file affidavit on steps taken
• Protecting public spaces like gardens crucial for citizens' access to clean air