Bombay HC: Govt suggesting there are 2,22,153 illegal constructions on Gairan land most alarming

Chief Justice Dipankar Datta and Justice Madhav J Jamdar were hearing a suo motu public interest litigation (PIL) that the HC had initiated while disposing another PIL that sought directions to state to take action against encroachment on Gairan land in Kolhapur.

The HC asked the government to file an affidavit within four weeks indicating the basis for regularisation till July 2011.

The Bombay High Court on Thursday said that the Maharashtra government suggesting that there are 2,22,153 illegal constructions on government-owned Gairan (cattle grazing) land is “most alarming”. It asked the government to ensure that no further encroachment on such land is allowed.

Chief Justice Dipankar Datta and Justice Madhav J Jamdar were hearing a suo motu public interest litigation (PIL) that the HC had initiated while disposing another PIL that sought directions to state to take action against encroachment on Gairan land in Kolhapur. The HC on Thursday referred to a September 15 affidavit filed by R S Chavan, Joint Secretary of revenue and forest departments, which had stated that 24,513 encroachment on Gairan or government land were removed between July 12, 2011 and September 15, 2022.

“However, the most alarming feature… suggests that there are 2,22,153 illegal constructions on Gairan land and the approximate encroached area measures 10,089 hectares,” the HC said.

Advocate Ashutosh M Kulkarni, the amicus curiae in the case, said that neither there is any clarity on what basis 12,652 encroachment were regularised till July 12, 2011, nor has it been specified what steps or measures the government is contemplating to take to remove 2,22,153 encroachment.

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The HC asked the government to file an affidavit within four weeks indicating the basis for regularisation till July 2011. It also asked the state to refer to the policy it was following for removal of encroachment on Gairan land along with submit a roadmap for the year.

Further, the HC asked the state to take appropriate steps against persons responsible to ensure that there is no encroachment. The HC posted the next hearing to November 17.

First published on: 08-10-2022 at 03:34:05 am
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