ssp 1 PIL 75 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.75 OF 2010 Sanjay Parekar and Ors. .....Petitioners versus The Group Grampanchayat, Behere, Post Khadawali and Ors. ..... Respondents Ms.Preeti B.Walimbe, for the petitioners. Mr.Dnyaneshwar Deshmukh, for respondent No.1. Mr.C.S.Joshi, for respondent Nos.2 and 3. Mrs.Neha Bhide, ‘B’ Panel Counsel, for respondent Nos.4 and 5. Mr.D.D.Madon, Senior Advocate with Mr.S.A.Sawant and Mr.Aniket Nikam, for respondent Nos.6 to 10. CORAM: P.B.MAJMUDAR & A.A.SAYED, JJ. DATE: 24th FEBRUARY, 2011. P.C. : 1. By way of this petition, petitioners have made a grievance that large number of illegal constructions have been carried out in and around the Village Khadwali, Dist. Thane in spite of the fact that the lands in question are located in green zone (GI). It is pointed out that in the green zone, no construction/development activity is permitted, except some developments which are permitted under the rules. 2. By way of an interim order of this Court, a Committee was constituted to examine this aspect. On behalf of respondent No.2, an affidavit has been filed by Mr.M.N.Waigankar, Dy.Chief Executive Officer ssp 2 PIL 75 of 2010 (Village Panchayat), stating that a Committee was constituted of Engineers and Extension Officer two each. It is further averred in the affidavit that the said Committee under the supervision of respondent No.3 and guidance of respondent No.2, collected the due information from the Assistant Director (Town Planning Office) and Addl.Tahasildar (N.A.), Kalyan and also visited the site located at Village Behere. Copy of the plan prepared is annexed with the reply. Particulars about 7 constructions carried out with due N.A.permission in G-1 Zone and particulars about 45 constructions which are carried out without N.A. Permission, are also annexed with the said reply. 3. Whether such permission can be granted or not is a question which is left to the Collector, Thane. In view of the said affidavit, so far as 45 constructions are concerned, it is for the concerned authority to set law in motion against such persons. In view of the report which is based on the spot inspection, it is for the Collector to take appropriate action in accordance with law. 4. It is unfortunate that large number of constructions are allowed to come into existence in a green zone area without there being any check on the part of any one or any authority. If the said Grampanchayat is incompetent to take any action, it should be immediately superseded, as the said Grampanchayat have no right to ssp 3 PIL 75 of 2010 continue if they are unable to control illegal construction in the area. The State Government may consider to supersede the Grampanchayat, Behere, who has totally failed to discharge their duties. At this stage, it is pointed out that this decision is taken by earlier Grampanchayat. However, it is for the State Government to consider whether present Panchayat is responsible for earlier state of affairs or whether earlire panchayat was the erring Panchayat. It is for the State Government to take appropriate decision to supersede such Panchayat, who is inactive in the matter of taking decision and State Government to take appropriate action expeditiously and in accordance with law. The Collector, Thane, is also directed to take appropriate action in accordance with law on the basis of material submitted by the Dy.Chief Executive Officer. The Collector shall take appropriate action against erring persons who have carried out illegal constructions, but before passing any final order, principles of natural justice may be followed by affording an opportunity of hearing to the persons who have carried out illegal constructions. 5. Learned counsel appearing for respondent Nos.4 and 5 states that in a green zone area even without N.A. permission, certain types of construction are permissible. Mr.Madon, learned Senior Advocate, states that such construction is permissible and they have got Notification in this behalf. The Collector, while taking the final decision ssp 4 PIL 75 of 2010 shall hear the concerned parties and shall consider this aspect at the time of passing final order. It is needless to say that the Collector shall take appropriate proceedings immediately and after hearing concerned parties, shall take appropriate action in accordance with law. The Collector should pass appropriate orders in accordance with law within a period of four months from today. It is for the Collector to find out whether permission could have been granted so far as area in question and for the construction in question and this aspect is left to the decision of the Collector in accordance with law. 6. Mr.Madon pointed out that the petitioners have also carried out illegal constructions. It is expected from the Collector to find out as to how many persons have carried out illegal constructions, which may include petitioners, respondents or any other person who is not before us. Learned counsel for respondent No.4 and 5 states that for taking action such as demolition, the Collector is not having appropriate infrastructure. Considering the fact that large number of area is subjected to illegal construction, in case the Collector passes ultimate order of taking action, the State Government is directed to provide adequate infrastructure in the form of police personnel, JCB’s and bulldozers machines etc. It is very pitiable aspect of the matter that the Collector is not having these minimum infrastructure, who can execute the work. It is pointed out that ssp 5 PIL 75 of 2010 it is the basic duty of the Grampanchayat, but in the instant case, Grampanchayat has totally failed to discharge its duty and that is why, we direct the Collector to do so. The State Government is directed to provide adequate infrastructure to the Collector, Thane, on the same being requisitioned by him. At the time of taking final decision if the Collector requires any assistance from the Grampanchayat or Zilla Parishad, they are directed to extend cooperation with the Collector in the matter of taking decision. Till the Collector takes appropriate decision, Grampanchayat and Zilla Parishad shall see to it that no further illegal construction in the green zone area should be allowed to continue and both these authorities are directed to monitor this aspect regularly. 7. Learned counsel appearing for respondent Nos.2 and 3 states that even if Zilla Parishad tried to lodge complaints against erring builders, but the police personnel are not taking such complaints. If it is so, it is very serious thing and one may doubt the bonafide of such police personnel. However, if any complaint is made, the concerned police station should accept the same and move the machinery in motion. Let a copy of this order be sent to the Superintendent of Police, Thane (Rural), so as to give appropriate guidance to the concerned police officers in this behalf, so that nobody can make allegations against police staff that for extraneous grounds, they are not accepting the complaint. ssp 6 PIL 75 of 2010 8. Compliance report shall be submitted before this Court within a period of five months from today, in order to monitor this aspect whether any illegal construction is taken place. If the Grampanchayat requests for providing police protection, the Superintendent of Police, Thane (Rural), shall depute requisite police staff to see that nobody is allowed to make illegal construction. 9. In view of what is stated above, public interest litigation is disposed of. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )