HC asks Nagpur Collector, NMC chief to decide on alleged encroachment in Vaishalinagar garden per law
The Bombay High Court's Nagpur bench disposed of a PIL over a public garden in Vaishalinagar, directing the authorities to decide the complaints in accordance with law.
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Nagpur: The Nagpur bench of the Bombay High Court has directed the Collector, Nagpur, and the Commissioner of the Nagpur Municipal Corporation to decide, within the framework of the law, on alleged encroachment in a public garden that has existed in Vaishalinagar, North Nagpur, since 1966.
A bench of Justice Anil Kilor and Justice Rajnish Vyas heard the public interest litigation on Monday. After the hearing, the bench issued the order and disposed of the petition.
The petition was filed by senior citizen Muralidhar Sahare. He says the plot is reserved for a public garden in the sanctioned layout of a civil co-operative housing society. According to the petition, for about the past 58 years the garden has been a place for morning and evening walks for people in the neighbourhood and the only public space for children to play.
Advocate Sanjay Karmarkar, appearing for the petitioner, made several allegations before the bench. According to him, a wall is being raised through the middle of the garden by misusing the development funds of local public representatives, and the garden is being divided into two parts.
It is also alleged that permanent construction is being carried out without any statutory permission in the name of a Buddha Vihar in the northern part of the garden and a temple in the southern part. The petition said the entire construction violates the provisions of the Maharashtra Regional and Town Planning Act (MRTP Act) and is destroying the original, natural and public character of the garden.
The petition also said that citizens complained repeatedly, but the administration neither inspected the site nor took any action to stop the encroachment.
Taking note of the petitioner's complaints, the bench said any construction or encroachment on a reserved public garden plot must be subject to statutory procedure.
The court asked the Collector and the Municipal Commissioner to decide the petitioner's complaints under the Maharashtra Regional and Town Planning Act and the relevant rules of the municipal corporation. The decision must be based on the merits of the case, the petitioner must be given an opportunity to be heard, and action must be ensured in accordance with the law.
With these directions, the bench disposed of the PIL.
