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Synopsis

A Division Bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Madhav Jamdar, on Thursday, asked the state government to prepare a policy for the removal of 2,22,153 illegal encroachments on garian land.

A case pertains to a Public Interest Litigation that was filed in June 2022. However, the court discovered that the petitioner was trying to persuade a personal cause through public interest litigation. The Court in its order had noted that it cannot turn a blind eye to the illegal encroachment and took suo moto cognizance of the same.

The court noted that “However, the most alarming feature is found in the third table, which suggests that there are 2,22,153 illegal constructions on Gairan lands and the approximate encroached area measures 10,089 hectares.”

Amicus Curiae submitted before the court that the affidavit of the forest department does not indicate the basis of regularization of 12,652 encroachment till 12 July 2011 and the steps for removing the 2,22,153 illegal encroachments.

The court noted that no further regularization should be done of the illegal encroachments except in the manner directed by the Supreme Court in Jagpal Singh and Ors. vs. State of Punjab and Ors., (2011) 11 SCC 396.

The bench has also directed the government to show the basis for the regularization of 12,652 encroachments and the policy for removal of the 2,22,153 encroachments

Case Title: High Court on its Own Motion vs. State of Maharashtra and Ors.