Mumbai: The Maharashtra government has informed the Bombay high court that it will issue fresh notices to alleged encroachers on government owned ‘gairan’ land (open land used for cattle grazing), giving them 30 days to show why they should be allowed to continue occupation of the land.
According to government data, there are approximately 2,22,153 illegal constructions on its ‘gairan’ land, totalling 4.52 lakh hectares, of which the approximate encroached area is 10,089 hectares, or 2.23 per cent.
The HC had taken suo motu (on its own) cognizance of encroachments on such fodder land while dismissing another public interestlitigation (PIL) related to the issue in June 2022. In the earlier PIL, they had found that the petitioner had been pursuing a personal cause against a lawyer, cloaked as a PIL.
Government would give 30 days to the alleged encroachers to show that they were legally occupying the land
Advocate General Birendra Saraf submitted a draft notice before a division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne on Monday. Saraf said that the government would give 30 days to the alleged encroachers to show that they were legally occupying the land.
If they failed to reply in the stipulated time, then within 60 days thereafter, the government would take action as prescribed under the Maharashtra Land Revenue Code (MLRC).
As per earlier court directions, he also submitted a draft notice before the court. Amicus curiae (friend of the court), advocate Ashutosh Kulkarni, pointed out to the court that, in December 2022, the HC had asked the government to give details, indicating the basis for regularisation of some of these structures till July 2011.
Also, the court had asked the government to show the policy it had been following for removal of encroachment on ‘gairan’ land and submit a roadmap for the year. Kulkarni said that none of these had been done by the government.
However, Saraf said that they would be taking necessary steps as prescribed under the MLRC.
Justice Gangapurwala said that the persons should point out their rights to the government, which would help in deciding whether they were eligible for rehabilitation under any government scheme.
In December 2022, Bombay HC restrained the government from evicting and removing over two lakh illegal structures on ‘gairan’ land
An advocate for one of the persons pointed out to the court that the government has still not declared these lands as ‘gairan’ land. “First, these lands have to be declared gairan land and then the notices can be issued. Here, the government has directly issued notices,” said the advocate.
However, the court asked them to raise the point with the government in reply to the notices, as and when these would be issued. The HC has kept the matter for hearing in March.
The high court had, in December 2022, restrained the government from evicting and removing over two lakh illegal structures on ‘gairan’ land. The court had also directed the government to give a roadmap on what it proposed to do.
The government was also asked to give “a draft format of notice to be issued to the alleged encroachers of Gairan land, granting sufficient time to the noticees to establish their right to remain in occupation of such lands”. The government said the authorities had removed 24,513 encroachments from July 12, 2011, to September 15, 2022, while 12,652 encroachments had been regularised till July 12, 2011.
