Bombay HC Orders Survey On Alleged Encroachment At Aksa For Illegal Pay-And-Park Facility

The Bombay High Court has directed the District Collector of Mumbai Suburban to conduct a survey and decide within 12 weeks on allegations of encroachment on government land in Aksa, Malad (West), where an illegal pay-and-park facility is allegedly being operated.

A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik, on April 9, passed the order while hearing a Public Interest Litigation (PIL) filed by Mohammad Usman Shaikh, president of NGO Nagrik Seva Sudhar Samiti. Shaikh. 

Petitioner’s advocate, Bharat Mirchandani, alleged that the authorities had failed to act against respondent Kansari Mata Adivasi Samajik Vikas Sanstha for encroaching on government land meant for public use. The plea claimed that the land in question at Aksa, Malad (West) was reserved for public amenities like solar lights, tree plantation, and beautification, as per government circulars. Mirchandani contended that despite submitting representations, no action was taken.

The court noted, “The issue of whether or not anybody has encroached on the public land is a question of fact and normally is disputed.” However, in view of the peculiar circumstances, the bench directed the collector or an authorised representative to issue notices to all parties, including the petitioner, respondents and others in occupation of the land.

The Collector has been asked to conduct a survey, provide a hearing to all concerned, and verify ownership. 

If the land in question is found to be government land, the collector shall initiate action to remove encroachment as per law. The HC said the entire exercise shall be conducted within 12 weeks. 

Additional government pleaders Neha Bhide, OA Chandurkar, and Savina Crasto – representing the Collector, MHADA and State – assured the court that police assistance would be provided if required for removing the encroachment. The court clarified that any aggrieved party may seek legal remedies against such action.