Nagpur: Coming down heavily on the Nagpur Municipal Corporation (NMC) for failure to remove encroachment from Jaitala Road, the Nagpur Bench of Bombay High Court on Wednesday warned its Commissioner of personally holding him responsible, if the squatters are not removed within eight weeks.
“We find it disconcerting and disturbing that persons who have no respect whatsoever for the due process of law or to the proprietary rights of others are merrily enjoying the property which is either that of the State Government or the Corporation,” a division bench comprising Justices Rohit Deo and Anil Pansare said.
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“In the process, the proprietary rights of law-abiding citizens, who purchased the property with hard earned income, are trampled upon with impunity. We cannot and will not permit such audacious and dishonest conduct which has the tendency to lower the majesty of the court and the process of law,” the bench added.
While directing the NMC to remove the entire encroachment by issuing notices to squatters, the judges asked the Commissioner of Police to ensure that every assistance is provided to complete formalities.
“The Deputy Commissioner of Police (Special Branch) shall personally monitor and supervise the law-and-order aspect of the removal. The NMC Assistant Commissioner (Zone-1, Laxmi Nagar) to personally coordinate with DCP and the sub-divisional officer (Civil) and keep them informed of the removal schedule. The Assistant Commissioner shall directly execute the drive. We would hold the NMC Commissioner personally responsible, if the directives are not complied with,” the bench said.
The HC was hearing a petition by Mukesh Infrastructures and others through counsels Prashant Vaidya and Ketki-Vaidya Jaltare. They sought directives to remove encroachment in front of their plot and the development plan road be constructed as per the HC orders of June 13, 2011, in a contempt petition. They accused the Corporation of not doing its statutory duty, as access to their plot is blocked due to squatters.
In 2005, a similar case was filed by Renuka Gruha Nirman Sahakari Sanstha, which is the layout owner, in 2005. The petitioners had purchased plots in that layout. That time, HC had directed the Collector to remove the encroachment. Accordingly, those were removed, but the squatters returned and erected temporary constructions. The petitioners then made many representations to NMC for their removal and for construction of a DP road. When the NMC’s squad went there to remove encroachers, they met with stiff resistance and were forced to retreat.
“The persons who have squatted on property, which is certainly not theirs, and is not a private one, are mocking the process of law. While according to the government, the road on which the encroachers/squatters have erected their temporary structures is DP road, and the Corporation is statutorily bound to construct the same, it has some reservations and is insisting that the exact dimensions of the DP road be demarcated. We are not inclined to presently look into the narrative and counter narrative inter se of the government,” the HC said before adjourning the hearing.
