Mumbai: The Bombay High Court on Thursday directed the Thane Collector to determine whether 1,720 acres of land in Kalyan, currently the site of a multi-storey construction project, belongs to the Ministry of Defence. The court also criticised defence authorities for their failure to protect land they claim ownership over.
A division bench of Chief Justice Alok Aradhe and Justice M S Karnik was hearing a public interest litigation (PIL) filed by activists Rajendranath Pandey and Sujeet Kadam. The plea, filed through advocate Eknath Dhokale, sought cancellation of construction permission granted to private developer M/s Davkhar Infrastructure Pvt Ltd, alleging the land belongs to the Defence Ministry.
Expressing dissatisfaction with the Ministry’s passive stance, Justice Karnik questioned, “What are you doing except writing letters? You are the defence.” He further pointed out that despite claiming ownership, the Defence Estate Officer had taken no preventive action. “You say they are merrily granting permissions and then you come here when a PIL is filed. What preventive action have you taken?” he asked.
Defence Ministry counsel, Advocate Khandeparkar, informed the court that the land was acquired between 1943 and 1945 under the Defence of India Rules and compensation of Rs4.78 lakh was paid to original landowners. He asserted the ministry had consistently informed local authorities that the land belonged to it.
In contrast, the Kalyan-Dombivli Municipal Corporation (KDMC) maintained that permissions were granted based on land records which did not show defence ownership. KDMC also noted that some structures on the land predated 2015. However, its counsel conceded, “The matter requires further probe.”
Advocate Ram Apte, representing the developer, argued that the project was based on a development agreement with the landowner and valid permissions from local authorities. A 28-storey tower has already been constructed and flats sold.
The court underscored that its role was not to rule on the legality of the structure, but was prompted to intervene due to administrative inaction. “The grievance is about illegal construction. We are not an authority to examine whether the structure is illegal or not. They come to us because of your inaction,” it observed.
The plea pointed out that KDMC granted construction permissions despite repeated objections by the Defence Estate Officer, including a 2019 letter advising against approvals. Still, in 2021, revised permission was granted.
Directing the Thane Collector to examine the land’s status, the bench said, “If they have the power to grant permission, they also have the power to cancel it.” All parties have been asked to appear before the Collector on May 8, with the inquiry to be completed in six months.
Justice Karnik cautioned KDMC: “If required, you will have to pay compensation,” and added, “There is a difference between private interest and public interest. What is illegal, is illegal.” The PIL was disposed of, with liberty to the parties to pursue legal remedies against any adverse orders.
