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Synopsis

A division bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale recently observed it was not inclined to give an extension of time even for a minute and the petitioner had tried to pull a fast one on the court. The observations were made while hearing a plea by society against the demolition of encroached property by the society.

"We are not inclined to grant an extension of time for even a minute because these Petitioners have quite literally tried to pull a fast one on this Court. If they want an extension of time to vacate, that is an application they must make to the Railways or the MCGM and it is for the Railways or the MCGM to decide whether to accept or not accept that application. We refuse to grant any such extension. Enough is enough," the court noted.

The high court was hearing a plea filed by one Ekta Welfare Society which had challenged the eviction and demolition notices of BMC for encroaching on the property of Western Railway. 

The court had in its earlier order of February 2023 asked the BMC to proceed against the society in terms of the Supreme Court's directions. However, on June 23 the BMC issued a fresh notice to the society in contravention of the February 2023 order. 

Nonetheless, the court was informed by the Union that the society had already filed a suit in the City Civil Court at Dindoshi which was not mentioned in the writ petition. 

The court in its order noted that the representation in the petition was deliberately misleading.

"On 8th February 2023, we were told that demolition has been carried out on 7th February 2023. Not seven days later, illegal construction and encroachment started afresh. There is little purpose in saying that the demolition was partial or that the fresh encroachments are not by the Petitioners. There was a survey There was advance notice. The entire representation in the Petition is deliberately misleading," the court noted

The division bench while allowing the BMC to proceed against the society in accordance with the law observed that there is no fundamental right to trespass or to squat.

"We are supposed to permit and turn a blind eye to constant encroachment on public lands and properties. This has to stop. As we have said recently in another order, there is no fundamental right to trespass or to squat. Once a procedure mandated by law has been followed, eviction of trespassers and encroachers cannot be indefinitely delayed," the court observed.

Case title: Ekta Welfare Society vs State of Maharashtra & Ors