Bombay High Court disposes of PIL for regularizing slums
The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking a direction against the respondents to form a committee under the guidance of the Commissioner of Sangli, Miraj and Kupwad City Municipal Corporation for regularization of encroachment made by slum-dwellers of different areas (on government land) situated in Sangli city.
The PIL filed by Sangli Zilla Zopadpatti Punarvasan Samiti, Sangli further sought directions to regularize the encroachment made by slum-dwellers within the vicinity of Sangli City.
While considering the PIL, the Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne observed the Court cannot direct the planning authority and/or the Government to regularize the encroachment.
‘If there is a policy in place for regularization, then, individual applications will have to be made by those persons. The pros and cons will have to be considered. Evidence will have to be brought on record qua the manner of possession so also the period of possession and if the policy exists of the Government, then only further steps can be undertaken,’ the Court further observed.
Therefore, it is directed by the High Court that in case such encroachers have filed applications and/or file such applications, it is for the authority to consider the same on its own merits and in accordance with the policy.