Mumbai: The Bombay High Court has directed the Mumbai Suburban District Collector to decide on the legality of alleged illegal constructions along Mahim Beach and take necessary action within four weeks if found unauthorised. The court also instructed that all affected parties be granted a hearing before any action is taken.
The order came in a public interest litigation (PIL) filed by environmental activist Stalin Dayanand, who alleged that authorities failed to act on multiple complaints he had submitted since 2021 about encroachments and dumping in Coastal Regulation Zone (CRZ-1) areas at Mahim Beach.
Appearing for the petitioner, advocate Mohammad M Abdi submitted that Dayanand had first written to the authorities on June 7, 2021, highlighting illegal construction and land grabbing at the beach. Follow-up complaints were sent in August 2021 and again on July 5, 2024.
Despite repeated representations and a Right to Information (RTI) response in July 2024 confirming that his complaints were forwarded to concerned departments, no substantial action had been taken, the PIL stated.
Government pleader informed the court that action on the complaints has already been initiated and notices have been issued to the individuals concerned. A hearing is scheduled before the Collector on June 19.
“Certain illegal constructions have been made by persons who are not party to the petition,” the bench noted, while clarifying that these affected parties must be given an opportunity to present their case.
“In case the Collector comes to the conclusion that the structures are unauthorised, necessary action must be taken in accordance with law within four weeks,” the court ordered.
The PIL also alleged that the illegal structures are obstructing public access along the beach, thereby violating the petitioner’s right to free movement under Article 19(1)(d) of the Constitution.
The petition further pointed to the Maharashtra Coastal Zone Management Authority’s 2021 draft Coastal Zone Management Plan (CZMP), which had marked Mahim Beach as a protected CRZ area. The court’s order ensures that the due legal process will be followed before action is taken against any structures.
