Mohd Usman Shaikh v. Kansari Mata Adivasi Samajik Vikas Sanstha and Ors.
Case brief
What is this about?
PIL disposed with directions (Bombay HC, April 9, 2025; Alok Aradhe CJ & M. S. Karnik J; Per Chief Justice): alleged encroachment on Government land and illegal Pay and Park at C. S. No. 98, Aksa, Malad (West), Mumbai by Kansari Mata Adivasi Samajik Vikas Sanstha; inaction by respondents 2-5 despite representation; encroachment held a disputed question of fact not decidable under Article 226 summary jurisdiction; District Collector (Mumbai Suburban) to notice, survey, hear parties, remove encroachment if Government land, within 12 weeks; police assistance undertaking; no opinion on merits; no cases cited; no monetary relief.
What did the court decide?
PIL disposed of with directions to the District Collector (Mumbai Suburban) or authorised representative to issue notice to the petitioner, respondent no. 1 and other occupants, conduct a survey, afford a hearing, and if the land is found to be Government land, initiate encroachment-removal action in accordance with law, completing the exercise within 12 weeks, with police assistance undertaken by the Additional Government Pleader; aggrieved persons left free to pursue available legal remedies.