JUDGMENT :

R.K. Deshpande, J.

1. This petition is filed in public interest to command the respondents to immediately remove the encroachments made on the lands reserved for public utility, garden, dispensary and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation. It further prays to command the respondents to take care that the encroachments do not occur again after their removal. The petition has been filed by five persons, amongst which the petitioner No. 1 claims to be the social worker, however his name is deleted as per the order passed by this Court on 6-5-2014.

2. By an administrative order dated 1-4-2008 passed by the then Senior Administrative Judge at the Nagpur Bench of the Bombay High Court, the petition was directed to be treated as Public Interest Litigation, as it highlights the apathy and inaction on the part of the respondents to remove the encroachments on the public utility land and espouse the cause of the Bezanbag residents. Notice was issued on 3-4-2008 to the respondents.

3. The respondent No. 1 is the Urban Development Department, whereas the respondent No. 2 is the Revenue Department of the State Government, the respondent No. 3 is the Commissioner, Nagpur Municipal Corporation, the respondent No. 4 is the District Collector, the respondent No. 5 is the Commissioner of Police, the respondent No. 6 is the Bezanbag Sangharsh Samiti, and the intervenor is the Bezanbag Pragatisheel Kamgar Gruh Nirman Sahakari Sanstha Maryadit. About 29 persons have filed an application for intervention, which has been allowed by this Court on 2-11-2012.

4. The land admeasuring 80.09 acres, situated at Mouza Jaripatka, Indora and Hansapuri was initially owned by the Empress Mills. However, by the Government Resolution dated 24-6-1977, the Revenue and Forest Department of the State Government decided to take over the land from the Empress Mills and allot it to the Bezanbagh Pragatisheel Kamgar Gruh Nirman Sanstha Maryadit [Called as "the Society"] in consultation with the Empress Mills. This Society claims to be an association of past workers of the Empress Mills or their legal heirs. It prepared a layout plan on 24-6-1978, which was approved by the City Engineer of Nagpur Municipal Corporation on 22-6-1979.

5. There was an agreement executed on 23-7-1979 between the said Society and the Nagpur Municipal Corporation for development of land by providing roads, surface water drains, internal water supply-main and distributing lines, sewer line for drainage sullage sewage, street lights, and open space for parks, gardens and public utility, to create residential and other plots for building purposes in accordance with the plans, specifications and regulations, including building bye-laws framed under the City of Nagpur Corporation Act, 1948 as per the approval of the Development Engineer granted on 22-6-1979. The lease was granted for a period of 30 years as per the agreement dated 27-9-1982, registered on 5-10-1982. The period of lease expired on 31-3-2002 after lapse of 30 years.

6. The developmental activities were completed, but the said Society started selling plots from the portions earmarked and reserved for the purposes of garden, dispensary, public utility land, roads, open space and for the educational purposes, to certain individuals, who started carrying out the construction activities for various purposes, including residential, hotel/restaurant and other business activities. It seems that the representation was made on 2-1-2008 and thereafter also, to various authorities to prohibit such sale of land and construction thereon, but no notice of it was taken by those authorities and, therefore, this writ petition was filed on 13-3-2008.

7. The controversy involved in all these cases pertain to removal of encroachments and demolition of unauthorized and illegal constructions on the land admeasuring 54,437.19 square meters in the layout of the said Society, reserved for public utility, open space a