High Court says Roshan Gate anti-encroachment drive followed due process

The anti-encroachment drive carried out by the municipal corporation in the Roshan Gate area of Chhatrapati Sambhajinagar followed the prescribed procedure, the Chhatrapati Sambhajinagar bench of the Bombay High Court has observed during a hearing.

The matter concerns a petition by Saida Farida Anis Mohammad Anis Ahmad, who approached the High Court challenging the corporation's action. She claimed the drive caused her a loss on her property in the Roshan Gate area and had sought compensation of Rs 50 lakh. At the hearing, the corporation placed before the court details of the procedure followed before the action, which the court took note of.

The corporation said the encroachers concerned were first given a chance to remove the encroachments themselves. A public notice was published in a newspaper for this purpose. Before the actual action, announcements were also made by loudspeaker in the area for three consecutive days, asking people to remove their encroachments themselves. The corporation told the court that the drive was carried out only after this process.

The administration also clarified that under Sections 230 and 231 of the Maharashtra Municipal Corporations Act, the corporation has the power to act without notice against encroachments that obstruct the road.

Presenting its case, the corporation said action is being taken within the law to keep public places and roads free of encroachment and to ensure the city's development is planned. Advocates Sambhaji Tope and Vaibhav Deshmukh argued for the corporation along with Santosh Wahule.

Santosh Wahule, head of the anti-encroachment department, said the corporation is committed to the city's development and to protecting the public interest. According to him, legal provisions will be followed while acting against encroachments. He appealed to encroachers to remove the encroachments themselves, so that further loss could be avoided.