Shri Gaurav Vijaysingh Rajput v. Ambernath Municipal Council Ambernath and Ors.
Case brief
What is this about?
Bombay High Court PIL No.21 of 2024 (decided 29 January 2025), Gaurav Vijaysingh Rajput v. Ambernath Municipal Council & Ors., Coram Alok Aradhe, CJ. and Bharati Dangre, J.; PIL alleging encroachment of a public road by Respondent Nos.6 to 9 and inaction by Ambernath Municipal Council despite representation; Court held it cannot decide disputed questions of fact under Article 226, Constitution of India; directed CEO, Ambernath Municipal Council to notify parties, survey the subject land and hear parties; District Collector, Thane to remove encroachment if government land, within four weeks, with police assistance; aggrieved persons free to seek legal remedies; PIL disposed of without expression of opinion on merits.
What did the court decide?
Directions issued: (i) Chief Executive Officer, Ambernath Municipal Council to issue notice to the Petitioner, unofficial Respondents and every other person in occupation of the subject land; (ii) carry out a survey to ascertain encroachment on the subject land; (iii) afford opportunity of hearing and submission of documents in support of claims; (iv) if the subject land is found to be government land, District Collector, Thane to initiate action for removal of encroachment in accordance with law; (v) the exercise to be carried out within four weeks; (vi) police assistance to the District Collector, Thane undertaken by the learned Addl. GP; (vii) persons aggrieved by any order directing removal of encroachment at liberty to take recourse to available legal remedies. The Court clarified it has not expressed any opinion on the merits of the case.