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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 31 OF 2016 Rehbar Foundation (Registered). V/s. The State of Maharashtra and others.
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Petitioner.
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Respondents.
Umesh Mohite for the petitioner. Ms.Rebecca Gonsalves, AGP for the State. Ms.Shobha Ajithkumar for respondent Nos.2 and 3.
CORAM :
DR.MANJULA CHELLUR, C.J. AND G.S.KULKARNI , J.
DATE
10th February 2017.
:
P.C. : Though vide order dated 23rd September 2016, six weeks' time was granted to the respondents to file reply, till date no reply affidavit is forthcoming from the respondents. Therefore, the same is taken as nil. 2.
Heard learned counsel for the petitioner and learned
counsel for the respondents.
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3.
This petition came to be filed way back in the month of
December 2015 by the petitioner Foundation bringing on record that 4,700 sq.meters of land in Survey No.4, CTS No.8(part) in village Parighkhadi between Mithi River on one side and L.B.S.Road, Kurla on the other side was reserved for Kabrastan for Sunni Muslim community by notification way back in 2001. In spite of such reservation, the said land was not handed over to respondent No.2 Corporation. Practically, no steps were taken either by the Government or the Corporation to make this plot functional far Kabrastan for Sunni Muslim community. It is seen from the record that there were 108 encroachments over the said plot and most of them came to be demolished on 31 st May 2000. Aggrieved by the said action, civil suit being Suit No.6180/2002 came to be filed. The said suit was pending till 2016. Ultimately, after a serious prolonged contest, the suit came to be dismissed on 16 th August 2016. Meanwhile, in the last 10 years in view of inaction on the part of the respondents, according to the petitioner, about 82 numbers of unauthorized structures have come up resulting in non functioning of the plot for which it was allotted. As on the date of preferring this PIL the suit was pending, therefore, the petitioner did not attempt to get the matter disposed of. Now, since the civil litigation has come to an end, he is seeking direction to the
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respondents to make the land functional for the benefit of persons from Sunni Muslim community. 4.
Since September 2016, neither the State of Maharashtra
nor the Corporation has come forward to file any objection, statement or the replyaffidavit. Even the Deputy Collector (Encroachment and Removal), Bandra was made as party, but no replyaffidavit is placed on record till date. There is no denial as such that the subject land was not reserved for Kabrastan of Sunni Muslim community. 5.
In the light of the above situation, since 2001 the land in
question is reserved for Kabrastan of Sunni Muslim community, we are of the opinion that at least now the respondent authorities have to take serious course of action to see that the illegal structures/ constructions/ encroachments are removed so as to make the said plot functional for the purpose for which it is reserved. We, therefore, direct respondent Nos.2, 3 and 4 to initiate action in accordance with the procedure and see that the land is made functional for the purpose for which it is reserved. The entire exercise should be done within a period of six months from today. The petition is disposed of accordingly. (G.S.KULKARNI, J.)
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CHIEF JUSTICE
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