The Hindu: Mumbai: Tuesday,
November 08, 2016.
The Bombay
High Court recently directed the Collector of the Mumbai Suburban District to
consider a public interest litigation (PIL) alleging unauthorised encroachments
on a land in Mulund.
A Division
Bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing a PIL
filed by Bhushan D. Samant. The PIL contends that the office of the Tahsildar
in Mulund states that more than 450 acres of land is “Khoti”. The land is
encroached upon by the people having money and muscle power, the PIL states.
The
petitioner said he obtained the information under the Right to Information Act.
He said despite approaching the authorities, they sat on the matter and did not
make any enquires. Mr. Samant attached photographs to show that several
apartments have come up on the land. The PIL points out that the Maharashtra
Khoti Abolition Act, 1949, ended the Khoti tenure in districts of Ratnagiri and
Colaba. It says there are provisions for tenants become occupants of the land
and commutation of dues of these lands and fixation of occupancy price of
commutation value have been made.
The court
said mere description of the lands as ‘Khoti’ may not give rise to anyone to
say that it is in the hands of unauthorised occupants, unless there is
application of mind vis-à-vis facts of the case with reference to the Act. In
order to contend that there is unauthorised occupation after the Abolition Act
several factual exercise has to be undertaken.
The court
also said by placing information under the RTI Act that we cannot come to the
conclusion that the petitioner is entitled for the relief sought.
The
authorities may have to call for several records and documents to ascertain the
factual material and then conclude, after an enquiry, whether allegations made
in the representation is right or wrong.
While
disposing of the PIL, the court directed the Collector of the Mumbai Suburban
District to look into the matter and consider the PIL as a representation
within four months.
The land is
encroached upon by the people having money and muscle power, the PIL states.
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