Nagpur: Coming down heavily on Nagpur Municipal Corporation (NMC) for its failure to inform about the number of trusts depositing money with its registry to save illegal structures from demolition, the Nagpur bench of Bombay high court on Thursday asked the civic body to submit a detailed list of those objectors who had completed the formalities within a week.
The directives came while hearing a plea (WP No 6177/2006) by Dr Gajanan Zade and Manohar Khorgade, praying for removal of encroachments, including religious structures, pandals, statues and others from roads, pavements and public utility places.
At the start of hearing, Nagraja Trust through counsel Jitendra Matale informed the court that it too wants to deposit Rs 60,000 and submitted a cheque in the HC. The judges, however, flayed the trust stating that it was already late and asked it to deposit Rs 1.20 lakh now.
Earlier, petitioners’ counsel Firdos Mirza pointed out that the civic body has stopped demolition drive as assured by its commissioner Virendra Singh on an affidavit since last hearing on August 9.
Petitioners’ counsel Firdos Mirza stated that though only 278 objectors out of 967 have deposited Rs50,000 till last hearing, the corporation has stopped action against the remaining structures, many of which are right on roads and footpaths. He added that the NMC had assured to demolish five illegal structures per day on roads and PU lands and open spaces.
A division bench comprising Justice Bhushan Dharmadhikari and Justice Murlidhar Giratkar then sought information on number of objectors who have deposited Rs60,000 till Tuesday. Senior counsel Chandrashekhar Kaptan tried to take brief from Sangita Jachak, who was representing the corporation in the absence of regular lawyer Sudhir Puranik. However, she too couldn’t provide any concrete information, thus inviting the HC’s wrath.
Expressing anguish over NMC’s apathy, the judges directed it and petitioner to verify the number of trusts depositing money with its registry and action taken against remaining illegal structures. Both were told to complete formalities within a week and inform the court.
During the last hearing, the HC had asked latecomers to deposit Rs60,000 for proving their bona fides and decided to donate the amount collected from all objectors to Government Shelter Homes for Children in Vidarbha, which are in dire straits. Thereafter, the NMC informed that since last hearing on August 2, it had received 864 more objections from those who constructed illegal structures without requisite sanctioned plans and building permit. These are in addition to 677 objections received till July 18, which took the total number of objectors to over 1,500.
Citing Bombay Police Act where the cops can take cognisable action against illegal encroachments like pandals for religious festivities, the petitioners claimed that even the police were remaining mute spectators.
