IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO. 53 OF 2013

DISTRICT: THANE

Sandeep Sharadchandra Thakur ......Petitioner

Vs.

State of Maharashtra & Ors. .. Respondents

INDEX

Sr. Particulars Page No.

1 Synopsis A

2 Petition 1

3 Exhibit “A”

A copy of Google Map of part of MIDC Property

4 Exhibit “B”

A copy of Photograph of CIDCO property.

5

Exhibit “C”

A copy of MIDC Letter dated 10.07.2011

Confirming that the MIDC property is encroached by

Shri. Ganesh Naik.

6 Exhibit “D”

A copy of MIDC internal memo dated 19.

04.2004 stating that MIDC property is unauthorisedly

occupied by local leader Shri. Ganesh Naik

7 Exhibit “E”

A copy of the MIDC internal memo dated 11.03.2011 titled

“usurpation of government land by the Thane Guardian

Minister”.

8 Exhibit “F”

A copy of MIDC letter dated 29.11.2012 to the petitioner

stating that the encroachment of the MIDC property is by

Shri. Santosh Tandel nephew of Shri. Ganesh Naik.

9 Exhibit “G”

A copy of the MIDC letter dated 16.01.2013

to the petitioner stating that the encroachment of the MIDC

property is by the Bavkhaleshwar

Mandir Trust and that the encroached area is only 1119.84

sq.m.

10 Exhibit “H”

A copy of the MIDC letter dated 06.02.2013

Admitting encroachment of 1, 32,481 sq. m. of MIDC Open

Space land.

11 Exhibit “I”

A copy of the MIDC Engineer’s full report dated 05.02.2013

giving details of the area of encroachment of 1,32,480

sq.m.

12 Exhibit “J”

A copy of the List of trustees of Bavkhaleshwar Mandir Trust

showing three nephews of Shri. Ganesh Naik as it’s

trustees.

13 Exhibit “K”

A copy of the Petitioner’s RTI Application dated 02.01.2013

to NMMC enquiring whether the CIDCO property is

authorized or unauthorized

14 Exhibit “L”

A copy of the NMMC’s reply dated 31.01.2013 to Petitioner

stating that NMMC does not have any records whatsoever

about the same and conveying it’s inability to show the file

as it does not exist.

15 Exhibit M”

A copy of the NMMC’s letter dated 02.02.2013 informing the

petitioner that the CIDCO property is in the name of Shri.

Santosh Tandel

16 Exhibit “N”

A copy of the Letter dated 22.10.2012 from Shri. Ganesh

Naik’s Personal Secretary on official government Letter

Head calling the NMMC Commissioner, MIDC CEO and the

commissioner of Police for a meeting at the CIDCO

property.

14 Exhibit “O”

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO. OF

2013

DISTRICT: THANE

7 A copy of the Letter dated 11.09.2012 from Shri. Sandeep

Naik calling NMMC Commissioner and NMMC officials for a

meeting at the CIDCO property

Last Page No.

Sandeep Sharadchandra Thakur ....... Petitioner

Vs.

State of Maharashtra & Ors. .. Respondents

SYNOPSIS

Sr. No Dates Events

1. 1962 MIDC formed to acquire and allot land for

the development of industries in

Maharashtra and also appointed as the

Special Planning Authority for the acquired

lands.

.

2. 1967-72 MIDC acquires lands at the relevant Trans

Thane Creek Area by paying full

compensation to the earlier land owners.

3. 1971-73 The State of Maharashtra acquires lands

at Navi Mumbai in non MIDC area and

vests them with CIDCO.

4. 1994 State Government appoints NMMC as the

planning authority of the developed nodes

within Navi Mumbai like Vashi, Belapur,

etc. CIDCO, however, continues to be the

landlord.

5.19.04.2004 MIDC records in one of it’s internal memos

that about 12,600 sq. m. area consisting of

industrial plots out of the total MIDC

property of about 1,45,080 sq. m. is

unauthorisedly occupied by ‘local leader

Shri.Ganesh Naik’ Cabinet Minister in the

Maharashtra Government.

6.11.03.2011 MIDC records in one of it’s internal memos

titled ‘Complaint of usurpation of land by

the Thane Guardian Minister’ that ‘local

people threaten the officials who go for the

measurement of the said place’

7.10.07.2011 MIDC writes officially to one Mr. Mhatre

that the balance part of about 1,32,480

sq.m. of MIDC property meant to be ‘Open

Space’ in the MIDC layout is encroached by

Shri. Ganesh Naik by unauthorisedly doing

construction on the same.

8 .29.11.2012 Petitioner is informed by MIDC that the

above stated encroachment on the said

MIDC property is by Shri. Santosh Tandel,

promoter of the proposed Shiv Shambho

Charitable Trust and that MIDC’s surveyor,

was threatened and thrown out from the

place when he had gone to enquire. Mr.

Santosh Tandel is the nephew of Shri.

Ganesh Naik.

9.16.01.2013 Petitioner, this time, is informed by MIDC

that the encroachment is by the

Bavkhaleshwar Mandir Trust. The trust

has a Board of Trustees consisting of

three nephews of Shri. Ganesh Naik

including the above stated Shri. Santosh

Tandel. It is further informed that the

actual encroachment is only 1119.84 sq.

m.

10 06.02.2013 When the petitioner protests to MIDC for

providing misleading information, MIDC

provides a report dated 05.02.2013 to the

petitioner admitting that the encroached

open space area is actually 1,32,480 sq.

m. where asphalted roads, coconut

plantations, lawns, paved portions and

even a lake is developed.

11 31.01.2013 NMMC informs the petitioner, in response

to his RTI application that whether or not

the CIDCO property consisting of about

5600 sq. m. of land with a bungalow of

about 301 sq. m. and compound walls

built thereon is authorised or not cannot

be informed and file regarding the same

cannot be provided for inspection as

NMMC does not have any file regarding

it’s development at all.

12 02.02.2013 NMMC informs the petitioner, in response

to his RTI Application, that the above

stated CIDCO property is also in the

name of Shri. Santosh Tandel, the above

stated nephew of Shri. Ganesh Naik.

13. Feb 2013 Petitioner obtains letters dated

11.09.2012 and 22.10.2012 written

respectively by Shri Ganesh Naik’s son

Shri. Sandeep Naik, MLA and by Shri

Ganesh Naik’s secretary calling top

government officials of NMMC, MIDC and

Police for meetings with Shri. Ganesh

Naik and Shri Sandeep Naik at the above

stated CIDCO property.

14 ------ Though it is an admitted position that

both the above stated MIDC property and

the CIDCO property are illegally occupied

and development thereon is

unauthorized, no action is being taken by

the MIDC, NMMC and CIDCO to remove

the encroachment and repossess the

properties because of the active

involvement of Shri. Ganesh Naik in the

said encroachment and development.

Hence this petition.

Points to be urged:

Whether the petitioner is entitled to the reliefs prayed for

Acts to be referred:

1. Constitution of India

2. The Maharashtra Regional Town Planning Act, 1966

Authorities to be relied:

At the time of hearing, if any.

Place:

Date: February, 2013.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO. OF 2013

DISTRICT: THANE

In the matter of Articles 14 and 226

of the Constitution of India;

And

In the matter of The Maharashtra

Regional & Town Planning Act,

1966;

And

In the matter of The Bombay

Provincial Municipal Corporation

Act, 1949.

Sandeep Sharadchandra Thakur, )

of Navi Mumbai, aged 62, Indian )

inhabitant, residing at F8/RH6/Sector 6, )

Vashi, Navi Mumbai 400 703 having )

PAN No.AADPT0874G, Mobile No. )

98202 17381 and e mail id. thakur. )

vashi@gmail.com ) ……..Petitioner

Versus

1. The State of Maharashtra, a copy of )

the petition to be served through the )

Government Pleader (A.S.), Bombay )

High Court, Mumbai, 400 001. )

2. Navi Mumbai Municipal Corporation, )

a statutory body incorporated under )

the Bombay Provincial Municipal )

Corporation Act, 1949, having its )

office at Belapur Bhavan, CBD, )

Belapur, Navi Mumbai 400 614. )

3. Maharashtra Industrial Development )

Corporation, a Corporation owned )

by the state government and )

coming under it’s Industries, Energy )

& Labour Department, having it’s )

office at “Udyog Sarathi”, Marol )

Industrial Area, Mahakali Caves Road, )

Andheri (East) Mumbai, 400 093. )

4. City & Industrial Development )

Corporation of Maharashtra Limited )

a Company incorporated under the )

provisions of the Companies Act, )

1956, having its office at CIDCO )

Bhavan, CBD Belapur, Navi Mumbai, )

400 614. )

5. Shri. Ganesh Naik, Guardian Minister )

of Thane and the Minister of Excise )

& Non Conventional Energy of the )

Government of Maharashtra residing )

at 102, Balaji Garden Cooperative )

Housing Society Limited, Sector 11, )

Kopar Khairne, Navi Mumbai, 400 709. )

6. Bavkhalheshwar Mandir Trust, a trust )

registered on 15.12.2010 under the )

Bombay Public Trusts Act,1950 and )

having it’s office at Sector 11, Kopar )

Khairne, Navi Mumbai, 400 709. )

7. Shri. Santosh Y. Tandel, residing at )

Glass House, North Side Ulwa )

Creek, Killegaon, Opp. Lakhani )

Centrum, Sector 15, CBD Belapur )

Navi Mumbai, 400 614. ) …...Respondents

TO

THE HON’BLE THE CHIEF JUSTICE AND

THE HON’BLE PUISNE JUDGES OF THIS

HON’BLE COURT OF JUDICATURE AT BOMBAY

THE HUMBLE PETITION

OF THE PETITIONER

ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. The petitioner is a citizen of India. The petitioner, since 1980, is

residing at the address shown in the cause title of the petition.

The petitioner is employed as a vice president in a multinational

company in private sector for gain. Petitioner is also actively

involved in social causes. The Petitioner, in the past, was

appointed as a ‘Representative of Navi Mumbai Citizens’ by

Respondent No. 2 Navi Mumbai Municipal Corporation

(hereinafter called NMMC) as a member of the Advisory

Committee formed for the preparation of ‘City Mobility Plan for the

Navi Mumbai Municipal Corporation Area’. Respondent No.1 is

the State of Maharashtra. Respondent No.2, NMMC, is a

Corporation formed under the provisions of the Bombay

Provincial Municipal Corporation Act, 1949. Respondent No.3,

Maharashtra Industrial Development Corporation (hereinafter

called MIDC) is a corporation of the Respondent No.1 state

government, which has, inter alia, acquired lands in the Trans

Thane Creek area in Navi Mumbai for development and allotment

for industrial purposes. It also acts as a special planning authority

for the development of industries under it’s area. Respondent

No.4, City and Industrial Development Corporation of

Maharashtra Limited (hereinafter called CIDCO), is a company

registered under the Companies Act, 1956 whose shares are

owned by the Respondent No.1 state government. Respondent

No. 5, Shri. Ganesh Naik, is the Member of the Legislative

Assembly from Belapur constituency in Navi Mumbai and is the

Minister for Excise & Non-Conventional Energy of the

Respondent No.1 state government and also the Guardian

Minister of Thane District. Respondent No. 6, Bavkhalheshwar

Mandir Trust, is a trust registered under the Bombay Public

Trusts Act, 1950 and Respondent No.7, Shri. Santosh Y. Tandel,

is the nephew of Shri. Ganesh Naik, Respondent No. 5.

Respondent Nos.2, 3 and 4 are ‘state’ within the meaning of

Article 12 of the Constitution of India. The Respondents are

amenable to the jurisdiction of this Hon’ble Court under Article

226 of the Constitution of India. The Petitioner has filed this

petition in public interest.

2. Petitioner is not involved in any civil, revenue or criminal

litigation in any capacity before any Court or Tribunal.

The petitioner occasionally appears before the Customs,

Excise and Service Tax Appellate Tribunal as the

authorised representative of his employer.

3. Petitioner states that the present petition is being filed in

public interest and the petitioner does not have any

personal interest in the matter. The petition is not being

filed for any personal gain, private motive or oblique

reasons. The petition is being filed in the interests of

citizens of Navi Mumbai.

4. Petitioner states that the entire litigation costs and other

charges are being borne by the petitioner and the

petitioner shall be appearing in person to represent his

case. Petitioner regularly pays substantial Income Tax

and his PAN No. is as stated in the cause title of the

petition. The petitioner is not an active member of any

political party.

5. Petitioner submits that proper research has been

conducted by the petitioner in the matter raised through

this petition and the relevant documents are annexed to

the petition. Petitioner further submits that the petitioner

has personally verified the facts stated in this petition.

6. Petitioner submits that to the best of petitioner’s

knowledge and research, the issue of “ illegal

encroachment of and construction at Open Space Plot

No.12, C Block, and the industrial plots C170 to C174

located at Trans Thane Creek area at Pavne Region in

Navi Mumbai (hereinafter called MIDC property) and at

Plot No.27, North Side, Ulwa Creek, Killegaon Belapur,

Navi Mumbai (hereinafter called CIDCO property) ”,

which is raised in this petition, was not dealt with or

decided earlier and that a similar or identical petition was

not and has not been filed by the petitioner.

7. Petitioner agrees that he shall disclose the source of his

information, leading to the filing of this petition, if directed

by this Hon’ble Court.

8. Petitioner states that he has understood that in

the course of hearing of this petition the court may

require him to furnish any security towards costs or any

other charges and the petitioner shall have to comply

with such requirements.

9. Petitioner states that Respondent No. 5, Shri. Ganesh

Naik, is the M.L.A. from Belapur constituency of Navi

Mumbai, the Minister for Excise & Non Conventional

Energy of the Government of Maharashtra and the

Guardian Minister of Thane District. His elder son Shri.

Sanjeev Naik is the Member of Parliament from the

Thane Parliamentary Constituency and the younger son

Shri. Sandeep Naik is the M.L.A. from the Airoli

Constituency of Navi Mumbai. His nephew (his brother

Shri. Dnyaneshwar Naik’s’s son), Shri. Sagar Naik is the

Mayor of the NMMC. All of them belong to the

Nationalist Congress Party which has absolute majority

in the NMMC and shares power with the Congress Party

in the state government. Petitioner states that, being the

leader of the party in power and having so many close

family members holding so many important political

positions, the said Shri. Ganesh Nailk, and through him,

his other family members hold considerable political

clout and power in and around the area of Navi Mumbai.

10. Petitioner submits that the said Shri. Ganesh Naik,

misusing his said power, has encroached upon and

occupied the said MIDC property of about 1,45,080

sq.m. consisting of about 1,32,480 sq.m. area of Open

Space and about 12,600 sq.m. area of Industrial Plots

C170 to C174 to the west of the said Open Space. The

said Shri. Ganesh Naik has also illegally encroached the

said CIDCO property consisting of about 5,600 sq. m. of

CIDCO land and, after enclosing the same by

constructing a boundary wall, built thereon a modern

bungalow popularly known as “Glass House”

admeasuring about 301 sq. m. Annexed herewith and

marked Exhibit A is the Google Map of the part of the

said encroached MIDC property. Also annexed

herewith and marked Exhibit B is the photograph of the

said encroached CIDCO Property and the bungalow

illegally developed thereon.

11. Petitioner submits that the fact that the said MIDC

Property at Exhibit A is encroached upon and then

developed is not in dispute. This is evident from the

letter dated 10.07.2011 sent by MIDC to one Shri.

Haribhau Kamba Mhatre wherein it is clearly stated that

the said Open Space Plot No. 12 is encroached by the

Respondent No.5 Shri. Ganesh Naik by unauthorisedly

doing construction on the same. The said letter is

annexed hereto and marked Exhibit C. Petitioner also

annexes herewith and marks Exhibit D an internal MIDC

memo dated 19.04 2004 clearly stating that the Industrial

Plots C170 to C174 have been unauthorisedly occupied

by ‘local leader Shri. Ganesh Naik’. It is evident from the

above that MIDC is fully aware since 2004 that the said

encroachment is by Shri. Ganesh Naik. Petitioner

submits that the supporters of Shri. Ganesh Naik are

preventing MIDC personnel from removing the

encroachments by use of threats of violence. A copy of

one internal memo dated 11.03.2011 to the Regional

Manager of MIDC titled ‘Sub: Complaint regarding

usurpation of government land by the Thane Guardian

Minister’ and mentioning therein that ‘local people

threaten the officials who go for the measurement of the

said place’ is annexed herewith and marked Exhibit E to

this petition.

12. Petitioner submits that the clout of Shri. Ganesh Naik is

such that MIDC is now even scared to admit that Shri.

Ganesh Naik is involved in this encroachment. Petitioner

annexes herewith a copy of the initial MIDC letter dated

29.11.2012 received by the petitioner against the

petitioner’s Right to Information Application admitting the

said encroachment but stating that the said

encroachment is by Respondent No.7 Shri. Santosh

Tandel, allegedly the promoter of the proposed Shiv

Shambho Charitable Trust and further stating that the

MIDC’s ‘surveyor was threatened and thrown out when

he had gone to the site to enquire about the

encroachment’. A copy of the said MIDC letter dated

29.11.2012 is annexed herewith and marked Exhibit F.

13. Petitioner, after complaining about insufficient and

misleading information received vide the above Exhibit F

letter, received another letter dated 16.01.2013 from

MIDC whereby the petitioner was, this time, informed

that the encroachment is by the Respondent No.5

Bavkhaleshwar Mandir Trust and further mischievously

stating that a) the actual encroachment is only 1119.84

sq.m., b) the ‘rest of the place has been beautified by

planting coconut trees, developing lawns and roads and

building security walls’ by the very same trust which has

encroached the said area of 1119.84 sq.m., c) it cannot

be stated as to whether or not the concerned Shri.

Ganesh Naik is the same Shri. Ganesh Naik who is the

minister in the Maharashtra Government,d)the

concerned space is open to all and e) the same is not

being used for any ‘Industrial, commercial, residential or

private purpose’. A copy of the said letter dated

16.01.2013 is annexed herewith and marked Exhibit G.

14. When the petitioner, by providing Google Map to

MIDC, strongly protested to the CEO and Regional

Manager of MIDC about the suppression of the size of

the encroachment and further enquired as to how it can

be said that the said area is not being used for any

private purpose when the concerned trust is registered

by certain private individuals, MIDC finally confirmed by

it’s letter dated 06.02.2013 that the said trust is a private

trust and provided the petitioner with a report dated

05.02.2013 of the Deputy Engineer / SPA of MIDC

containing full details about the area of encroachment

admeasuring about 1,32,480 sq.m.. Copies of the said

letter dated 06.02.2013 and the said report dated

05.02.2013 are annexed herewith and respectively

marked Exhibit H and Exhibit I.

15. Petitioner submits that it is evident from the Exhibit I

report that the encroachment of Open Space of the said

MIDC property alone is about 1,32,480 sq. m. and the

said encroachment not only contains a massive area of

coconut plantations of about 54,800 sq. m., internal

asphalted roads of about 16,000 sq. m., a lawn of about

20,100 sq. m. but even a meticulously carved out pond /

lake of about 9,500 sq. m. all of which is visible from the

Exhibit A Google Map.

16. Petitioner submits that the Respondent No.6, the

Bavkhalheshwar Mandir Trust, is merely a front

organization of Shri. Ganesh Naik and is managed

through his relatives and confidants. Petitioner annexes

herewith and marks Exhibit J , a list of trustees

submitted by the said trust to the Asst. Charity

Commissioner, Thane. Petitioner reliably understands

that the first trustee, Shri. Santosh Yashwant Tandel,

Respondent No.7, is the son of Mrs. Shakuntala

Yashwant Tandel who is the sister of Respondent No.5,

Shri Ganesh Naik. The second trustee, Shri. Nandu

Shripat Mhatre, is the son of Mrs. Thakubai Shripat

Mhatre, another sister of Shri. Ganesh Naik. The third

trustee, Shri. Sadanand Tulshiram Mhatre, is the son of

Mrs. Devubai Tulhshiram Mhatre yet another sister of

Shri. Ganesh Naik. Petitioner submits that the said trust

does not have the wherewithal to encroach and then

maintain such a huge area of land with lawns, asphalted

roads, coconut plantations, structures and even a lake.

Petitioner submits that from the documents provided to

the petitioner it is seen that the said trust has paid Rs. 17

lakhs and Rs.1.26 lakhs on 11.10.2012 and 15.10.2012

to NMMC towards property tax payments for the year

2012-13 alone. The development and maintenance of

coconut plantations, asphalted roads, lawns, lake and

buildings of the size on the said MIDC property would

cost lakhs of rupees per annum. Petitioner, therefore,

strongly feels that it is necessary to investigate as to

who, in fact, is funding this encroachment.

17. Petitioner understands that, the MIDC has, twice in the

past, attempted to dispose of the Industrial Plots C170 to

C174 in the said MIDC property admeasuring about

12,600 sq. m. but MIDC was unable to dispose them of

as no prospective buyers are coming forward to

purchase the said plots knowing fully well that the same

are already encroached by the Respondent No.5, Shri.

Ganesh Naik and realising that if a public authority like

the Respondent No.3, MIDC, is incapable of evicting

him, they certainly can’t. Petitioner understands that the

per sq. m. MIDC rate for the said plots is Rs.16,000 per

sq. m. and the revenue that MIDC can generate if MIDC

succeeds in selling the said plots is about (Rs. 16,000 x

12,600 sq.m. =) Rs. 20,16,00,000. Petitioner submits

that though the balance area of about 1,32,480 sq. m.,

which is reserved as open space and is adjacent to the

said industrial plots, is not meant for sale, it’s notional

value is about (Rs.16,000 x 1,32,480 =) Rs.

211,96,80,000.

18. Petitioner submits that the said CIDCO property at

Exhibit B too is occupied by the Respondent No.5, Shri.

Ganesh Naik by resorting to encroachment and by

illegally building thereon a bungalow without any

permission from the Respondent No.2, NMMC, in whose

jurisdiction it is located. Petitioner has received a letter

dated 31.01.2013 from NMMC against the petitioner’s

RTI Application dated 02.01.2013 wherein the Town

Planner of NMMC has stated that the NMMC cannot

provide any information as to whether the said

development is authorized or not, or provide details of

the Commencement and Occupation Certificates

regarding the same, or allow the inspection of the file

regarding it’s permissions as the NMMC does not have

any records whatsoever regarding the said development.

A copy of the petitioner’s RTI Application dated

02.01.2013 and the NMMC’s reply dated 31.01.2013

thereto are annexed herewith and respectively marked

Exhibit K and Exhibit L.

19. Petitioner interestingly finds that the said CIDCO

property too is in the name of Respondent No.7, Shri.

Santosh Yashwant Tandel, nephew of Shri. Ganesh

Naik and the promoter trustee of the Respondnet No.6

trust who the MIDC claims has encroached on the MIDC

property. Petitioner annexes herewith a letter dated

02.02.2013 received from the Asst. Assessor & Collector

of taxes of NMMC wherein it is stated that the said

CIDCO property is “in the name of Shri Santosh Y.

Tandel”, Respondent No.7. Petitioner submits that the

said letter also indicates that the Respondent No.7 has

paid Rs.9.83 lakhs as property tax for the said property

within the last 5 years. Petitioner submits that the

funding of the said payments too needs to be

investigated. Petitioner annexes herewith and marks as

Exhibit M , the copy of the said letter dated 02.02.2013.

20. Petitioner submits that the said nephew is merely a front

for Shri. Ganesh Naik and the said CIDCO property is, in

fact, used by Shri. Ganesh Naik himself and his sons for

official and personal purposes. Petitioner has obtained a

copy of the official letter from Shri. Ganesh Naik dated

22.10.2012 signed by the Personal Secretary of Shri.

Ganesh Naik calling, amongst others, the

Commissioner of NMMC, Chief Executive Officer of

MIDC and Commissioner of Police, Navi Mumbai to

meet Shri. Ganesh Naik at the said unauthorized and

illegal CIDCO property. Petitioner annexes herewith and

marks Exhibit N a copy of the said letter dated

22.10.2012. Petitioner has also obtained a copy of the

official letter dated 11.09.2012 signed by Shri. Sandeep

Ganesh Naik, MLA and son of Shri. Ganesh Naik,

addressed to the Commissioner of NMMC calling the

said Commissioner along with concerned officials of

NMMC at the said unauthorized and illegal CIDCO

property. Petitioner annexes herewith and marks Exhibit

O , a copy of the said letter dated 11.09.2012. Petitioner

further submits that the petitioner had filed an RTI

application on 14.01.2013 before the Public Information

Officer of the office of the Commissioner of Police, Navi

Mumbai enquiring the number of times Shri. Ganesh

Naik ‘has visited / held meetings at the said bungalow’ at

the said CIDCO property between 01.10.2012 to

31.12.2012 as per the police records but the said Public

Information Officer has, for obvious reasons, not

furnished any information to the petitioner.

21. Petitioner finds it extremely distressing that senior

bureaucrats like the NMMC Commissioner, the Police

Commissioner of Navi Mumbai and the CEO of MIDC,

who are required to take action against encroachments

and illegal developments on public lands, are

themselves attending meetings called by Shri. Ganesh

Naik at a bungalow illegally developed on encroached

public land and that the Respondent No.5, who is

appointed by the Respondent No.1 as the Guardian

Minister of Thane District to ‘guard’ the interests of

District Thane is himself actively involved in jeopardizing

them.

22. Petitioner submits that the said CIDCO property is on

land owned by the Respondent No.4 CIDCO but CIDCO,

for obvious reasons, is not taking any action to reclaim

the property belonging to it. Petitioner submits that the

said CIDCO property is located in the area which is

under the jurisdiction of the Respondent No.2, NMMC as

the planning authority but NMMC, for obvious reasons, is

also not taking any action of demolishing the bungalow

admittedly built illegally on the said CIDCO property

without obtaining from NMMC the permissions required

to be obtained for it’s construction. Petitioner submits

that the said MIDC property is on the land belonging to

the Respondent No.3, MIDC, which the MIDC had

acquired between 1967 to 1972 by paying full

compensation to the then land owners but MIDC, for

obvious reasons, is also not taking any action to reclaim

the said property belonging to it.

23. Petitioner submits that, from the above, it is quite

obvious that the officials of the Respondent Nos. 1 to 4,

due to the overwhelming political influence of the

Respondent No.5, Shri. Ganesh Naik and his family, are

scared and afraid of taking any action against the

Respondent Nos.5 to 7 and the public property

encroached by Shri. Ganesh Naik and his family is not

being restored to the public authorities to whom it

belongs.

24. In the circumstances, the petitioner is entitled to a writ of

mandamus or any other appropriate writ, order and direction,

directing the Respondent Nos. 1 to 4 to take steps to

forthwith evict Respondent Nos. 5 to 7 from the said MIDC

property and the said CIDCO property, restore the said

properties to the rightful authorities, investigate the funding of

the development and maintenance of the encroached

properties and take action against the persons responsible to

sustain the said encroachments and illegal developments

.

25. The Petitioner is also entitled for an order and direction of this

Hon’ble Court, pending the hearing and final disposal of the

present Writ Petition, restraining Respondent Nos. 5 to 7 or

their servants, agents, officers or any person or persons

claiming through or under them from in any manner entering

or using the said MIDC property and the said CIDCO

property for any purpose whatsoever.

26. The Petitioner submits that the Respondents 1 to 4 are not

performing their statutory duties though they are duty bound

to perform them.

27. The Petitioner has no other efficacious and expeditious

remedies available other than the writs prayed for.

28. The Petitioner states that the Respondents are amenable to

the jurisdiction of this Hon’ble Court. Therefore, this Hon’ble

Court has jurisdiction to entertain and try this petition.

29. The Petitioner has not filed any other Petition or Application

or Appeal either in this Hon’ble Court or the Supreme Court

of India in regard to the subject matter of this Petition.

30. That the Petitioner has paid the court fee of Rs. 250 for this

Petition.

The Petitioner, therefore, prays:

That this Hon’ble Court be pleased to issue a writ of

mandamus or any other appropriate writ, order or direction

in the nature of mandamus,

a) directing the Respondent Nos.1 to 4 to take steps to evict

Respondent Nos. 5 to 7 from the said MIDC property and

the said CIDCO property and after restoring the said

properties to their rightful authorities, demolish the

unwanted developments on the said MIDC property and the

said CIDCO property.

b) To take appropriate legal actions against the officers of the

Respondent Nos.1 to 4 for their failure to perform their

statutory duties of preventing / clearing encroachments on

public lands and demolishing unauthorized constructions.

c) Pending the hearing and final disposal of the present writ

petition, this Hon’ble Court be pleased to restrain

Respondent Nos.5 to 7 , their servants, agents, officers or

any person or persons claiming through or under them from

in any manner enter or use the MIDC property and CIDCO

property for any purpose whatsoever and direct Respondent

Nos. 1 to 4 to ensure that the said restraint order is

complied with.

d) Pending the hearing and final disposal of the present writ

petition, this Hon’ble Court be pleased to issue directions to

investigate the funding of the huge encroachments of the

said MIDC property and CIDCO property, costly

developments thereon as also the maintenance and upkeep

of those developments.

e) Pending the hearing and final disposal of the present writ

petition, this Hon’ble Court be pleased to direct appropriate

civil / criminal actions against the persons responsible for

the said encroachments and developments on the said

MIDC property and the said CIDCO property.

f) Interim and ad-interim reliefs in terms of prayer clauses c),

d) and e) above be granted;

g) Costs of this Petition be awarded to the Petitioner; and

h) For such other and further reliefs as this Hon’ble Court may

deem fit and proper in the facts and circumstances of the

case.

And for this act of kindness, the Petitioner as in duty bound, shall

forever pray.

Petitioner

V E R I F I C A T I O N

I, Sandeep Sharadchandra Thakur, the Petitioner above

named, Indian inhabitant of Navi Mumbai, state on solemn

affirmation, that what is stated in the foregoing Writ Petition is true

to my own knowledge and is based on my information and belief

and I believe the same to be true.

Solemnly affirmed at Mumbai, )

This day of February 2013 ) Deponent

Before me

Petitioner in Person.