IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 53 OF 2013 DISTRICT: THANE Sandeep Sharadchandra Thakur ......Petitioner Vs. State of Maharashtra & Ors. .. Respondents INDEX Sr. Particulars Page No. 1 Synopsis A 2 Petition 1 3 Exhibit “A” A copy of Google Map of part of MIDC Property 4 Exhibit “B” A copy of Photograph of CIDCO property. 5 Exhibit “C” A copy of MIDC Letter dated 10.07.2011 Confirming that the MIDC property is encroached by Shri. Ganesh Naik. 6 Exhibit “D” A copy of MIDC internal memo dated 19. 04.2004 stating that MIDC property is unauthorisedly occupied by local leader Shri. Ganesh Naik 7 Exhibit “E” A copy of the MIDC internal memo dated 11.03.2011 titled “usurpation of government land by the Thane Guardian Minister”. 8 Exhibit “F” A copy of MIDC letter dated 29.11.2012 to the petitioner stating that the encroachment of the MIDC property is by Shri. Santosh Tandel nephew of Shri. Ganesh Naik. 9 Exhibit “G” A copy of the MIDC letter dated 16.01.2013 to the petitioner stating that the encroachment of the MIDC property is by the Bavkhaleshwar Mandir Trust and that the encroached area is only 1119.84 sq.m. 10 Exhibit “H” A copy of the MIDC letter dated 06.02.2013 Admitting encroachment of 1, 32,481 sq. m. of MIDC Open Space land. 11 Exhibit “I” A copy of the MIDC Engineer’s full report dated 05.02.2013 giving details of the area of encroachment of 1,32,480 sq.m. 12 Exhibit “J” A copy of the List of trustees of Bavkhaleshwar Mandir Trust showing three nephews of Shri. Ganesh Naik as it’s trustees. 13 Exhibit “K” A copy of the Petitioner’s RTI Application dated 02.01.2013 to NMMC enquiring whether the CIDCO property is authorized or unauthorized 14 Exhibit “L” A copy of the NMMC’s reply dated 31.01.2013 to Petitioner stating that NMMC does not have any records whatsoever about the same and conveying it’s inability to show the file as it does not exist. 15 Exhibit M” A copy of the NMMC’s letter dated 02.02.2013 informing the petitioner that the CIDCO property is in the name of Shri. Santosh Tandel 16 Exhibit “N” A copy of the Letter dated 22.10.2012 from Shri. Ganesh Naik’s Personal Secretary on official government Letter Head calling the NMMC Commissioner, MIDC CEO and the commissioner of Police for a meeting at the CIDCO property. 14 Exhibit “O” 7 A copy of the Letter dated 11.09.2012 from Shri. Sandeep Naik calling NMMC Commissioner and NMMC officials for a meeting at the CIDCO property Last Page No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. OF 2013 DISTRICT: THANE Sandeep Sharadchandra Thakur ....... Petitioner Vs. State of Maharashtra & Ors. .. Respondents SYNOPSIS Sr. No Dates Events 1. 1962 MIDC formed to acquire and allot land for the development of industries in Maharashtra and also appointed as the Special Planning Authority for the acquired lands. 2. 1967-72 MIDC acquires lands at the relevant Trans Thane Creek Area by paying full compensation to the earlier land owners. 3. 1971-73 The State of Maharashtra acquires lands at Navi Mumbai in non MIDC area and vests them with CIDCO. 4. 1994 State Government appoints NMMC as the planning authority of the developed nodes within Navi Mumbai like Vashi, Belapur, etc. CIDCO, however, continues to be the landlord. 5.19.04.2004 MIDC records in one of it’s internal memos that about 12,600 sq. m. area consisting of industrial plots out of the total MIDC property of about 1,45,080 sq. m. is unauthorisedly occupied by ‘local leader Shri.Ganesh Naik’ Cabinet Minister in the Maharashtra Government. 6.11.03.2011 MIDC records in one of it’s internal memos titled ‘Complaint of usurpation of land by the Thane Guardian Minister’ that ‘local people threaten the officials who go for the measurement of the said place’ 7.10.07.2011 MIDC writes officially to one Mr. Mhatre that the balance part of about 1,32,480 sq.m. of MIDC property meant to be ‘Open Space’ in the MIDC layout is encroached by Shri. Ganesh Naik by unauthorisedly doing construction on the same. 8 .29.11.2012 Petitioner is informed by MIDC that the above stated encroachment on the said MIDC property is by Shri. Santosh Tandel, promoter of the proposed Shiv Shambho Charitable Trust and that MIDC’s surveyor, was threatened and thrown out from the place when he had gone to enquire. Mr. Santosh Tandel is the nephew of Shri. Ganesh Naik. 9.16.01.2013 Petitioner, this time, is informed by MIDC that the encroachment is by the Bavkhaleshwar Mandir Trust. The trust has a Board of Trustees consisting of three nephews of Shri. Ganesh Naik including the above stated Shri. Santosh Tandel. It is further informed that the actual encroachment is only 1119.84 sq. m. 10 06.02.2013 When the petitioner protests to MIDC for providing misleading information, MIDC provides a report dated 05.02.2013 to the petitioner admitting that the encroached open space area is actually 1,32,480 sq. m. where asphalted roads, coconut plantations, lawns, paved portions and even a lake is developed. 11 31.01.2013 NMMC informs the petitioner, in response to his RTI application that whether or not the CIDCO property consisting of about 5600 sq. m. of land with a bungalow of about 301 sq. m. and compound walls built thereon is authorised or not cannot be informed and file regarding the same cannot be provided for inspection as NMMC does not have any file regarding it’s development at all. 12 02.02.2013 NMMC informs the petitioner, in response to his RTI Application, that the above stated CIDCO property is also in the name of Shri. Santosh Tandel, the above stated nephew of Shri. Ganesh Naik. 13. Feb 2013 Petitioner obtains letters dated 11.09.2012 and 22.10.2012 written respectively by Shri Ganesh Naik’s son Shri. Sandeep Naik, MLA and by Shri Ganesh Naik’s secretary calling top government officials of NMMC, MIDC and Police for meetings with Shri. Ganesh Naik and Shri Sandeep Naik at the above stated CIDCO property. 14 ------ Though it is an admitted position that both the above stated MIDC property and the CIDCO property are illegally occupied and development thereon is unauthorized, no action is being taken by the MIDC, NMMC and CIDCO to remove the encroachment and repossess the properties because of the active involvement of Shri. Ganesh Naik in the said encroachment and development. Hence this petition. Points to be urged: Whether the petitioner is entitled to the reliefs prayed for Acts to be referred: 1. Constitution of India 2. The Maharashtra Regional Town Planning Act, 1966 Authorities to be relied: At the time of hearing, if any. Place: Date: February, 2013. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. OF 2013 DISTRICT: THANE In the matter of Articles 14 and 226 of the Constitution of India; And In the matter of The Maharashtra Regional & Town Planning Act, 1966; And In the matter of The Bombay Provincial Municipal Corporation Act, 1949. Sandeep Sharadchandra Thakur, ) of Navi Mumbai, aged 62, Indian ) inhabitant, residing at F8/RH6/Sector 6, ) Vashi, Navi Mumbai 400 703 having ) PAN No.AADPT0874G, Mobile No. ) 98202 17381 and e mail id. thakur. ) [email protected] ) ……..Petitioner Versus 1. The State of Maharashtra, a copy of ) the petition to be served through the ) Government Pleader (A.S.), Bombay ) High Court, Mumbai, 400 001. ) 2. Navi Mumbai Municipal Corporation, ) a statutory body incorporated under ) the Bombay Provincial Municipal ) Corporation Act, 1949, having its ) office at Belapur Bhavan, CBD, ) Belapur, Navi Mumbai 400 614. ) 3. Maharashtra Industrial Development ) Corporation, a Corporation owned ) by the state government and ) coming under it’s Industries, Energy ) & Labour Department, having it’s ) office at “Udyog Sarathi”, Marol ) Industrial Area, Mahakali Caves Road, ) Andheri (East) Mumbai, 400 093. ) 4. City & Industrial Development ) Corporation of Maharashtra Limited ) a Company incorporated under the ) provisions of the Companies Act, ) 1956, having its office at CIDCO ) Bhavan, CBD Belapur, Navi Mumbai, ) 400 614. ) 5. Shri. Ganesh Naik, Guardian Minister ) of Thane and the Minister of Excise ) & Non Conventional Energy of the ) Government of Maharashtra residing ) at 102, Balaji Garden Cooperative ) Housing Society Limited, Sector 11, ) Kopar Khairne, Navi Mumbai, 400 709. ) 6. Bavkhalheshwar Mandir Trust, a trust ) registered on 15.12.2010 under the ) Bombay Public Trusts Act,1950 and ) having it’s office at Sector 11, Kopar ) Khairne, Navi Mumbai, 400 709. ) 7. Shri. Santosh Y. Tandel, residing at ) Glass House, North Side Ulwa ) Creek, Killegaon, Opp. Lakhani ) Centrum, Sector 15, CBD Belapur ) Navi Mumbai, 400 614. ) …...Respondents TO THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE PUISNE JUDGES OF THIS HON’BLE COURT OF JUDICATURE AT BOMBAY THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST RESPECTFULLY SHEWETH: 1. The petitioner is a citizen of India. The petitioner, since 1980, is residing at the address shown in the cause title of the petition. The petitioner is employed as a vice president in a multinational company in private sector for gain. Petitioner is also actively involved in social causes. The Petitioner, in the past, was appointed as a ‘Representative of Navi Mumbai Citizens’ by Respondent No. 2 Navi Mumbai Municipal Corporation (hereinafter called NMMC) as a member of the Advisory Committee formed for the preparation of ‘City Mobility Plan for the Navi Mumbai Municipal Corporation Area’.