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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Sandesh Mahadev Lavnde Formerly residing at Laxman Bhandari Chawl – Appellant
Versus
Collector, Mumbai – Suburban District Administrative Building – Respondent
| Table of Content |
|---|
| 1. writ petition filed for encroachment concerns. (Para 2 , 3 , 5) |
| 2. issue of illegal demolitions and claims of rehabilitation. (Para 4 , 8 , 19 , 22 , 29) |
| 3. arguments supporting the protected occupier status. (Para 6 , 7 , 10 , 11 , 13 , 15 , 16) |
| 4. lack of due process in demolition actions. (Para 12 , 14 , 20 , 21) |
| 5. court's rationale against the claims of the petitioners. (Para 41 , 46 , 58 , 62 , 69) |
JUDGMENT :
Advait M. Sethna, J.
1. Rule, made returnable forthwith. Respondents waives service. By consent of the parties heard finally.
2. This Writ Petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs :-
“a. That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents No. 1 and 2 to provide the Petitioners and other residents of the Laxman Bhandari chawl area represented by them at Exhibit A with suitable in- situ rehabilitation in accordance with the law on account of being a protected occupants of hutments prior to the cut of date 01.01.2000 and/or 01.01.2011;
b. That this Hon'ble Court be pleased to issue a w
The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.
State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyer....
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized construction without proper permissions violates statutory laws; authorities must enforce demolition orders while compensating affected purchasers.
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
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