Vijay Yashwant Gaykhe v. the State of Maharashtra Throu. PWD Dept and Ors.
Case brief
What is this about?
Keywords: PIL; encroachment on public road; illegal construction used for commercial purpose; demolition direction; disputed question of fact; writ jurisdiction under Article 226 cannot decide disputed facts; directions to Collector, Nashik for notice, survey, hearing and removal according to law; four-month timeline; police assistance undertaking by Addl. Govt. Pleader; liberty to aggrieved persons; no opinion on merits; Saikheda, Niphad, Nashik; respondent no. 13 alleged encroacher; State of Maharashtra authorities inaction on complaint letters; Bombay High Court Civil Appellate Jurisdiction.
What did the court decide?
PIL disposed of with directions to the Collector, Nashik to (i) issue notice to the petitioner, the unofficial respondent and occupants of the structure on the subject land, (ii) conduct a survey to ascertain legality of the structure/encroachment, (iii) afford opportunity of hearing and documents, and (iv) if the structure is found illegal/encroaching upon a public road, initiate removal in accordance with law, the whole exercise to be completed within four months; the Addl. Govt. Pleader undertook to provide police assistance for removal; aggrieved persons left free to pursue available legal remedies.