MUMBAI: The Supreme Court recently dismissed a Special Leave Petition filed by families residing in 41 illegal buildings in Agrawal Nagari, Nalasopara, allowing the Vasai Virar Municipal Corporation (VVMC) to proceed with the demolition of the structures.
The occupants, who were given a 24-hour notice by the VVMC on July 2, had sought relief from the Bombay High Court, which extended the eviction deadline to Oct 30 but refused to halt the demolition.
The apex court, in its ruling, noted that the buildings were constructed without the necessary permissions from the authorities and that a site earmarked for a public project cannot be occupied by unauthorized structures. Justices Hrishikesh Roy and SVN Bhatti presided over the case.
The writ petition that led to this action was filed by three elderly brothers, Mohanlal Patel, Ramanlal, and Dhirajlal, who reside in Canada and New Zealand. They had entrusted their youngest brother Ramdas, a Vasai resident, with power of attorney, which he further granted to his son Piyush and Ajay Sharma.
The illegal constructions span across 60 acres, including 30 acres of private plots allegedly encroached upon by Sitaram Gupta, a former Bahujan Vikas Aghadi corporator, who was arrested by the Economic Offences Wing in Sept last year.
The petitioners claim ownership of the property since 1977, which is classified as wetlands. However, in the 2010 development plan, their entire land was reserved for a dumping ground and sewage treatment plant without prior notice or compensation.
Despite a 2013-14 demolition of 200 structures following a writ petition by Harit Vasai Saurakshan Smirti, illegal chawls have continued to be constructed on the site.
The occupants, who belong to the labour class and have been living in the area for the past 15 years, claim to have purchased their homes through cash payments at regular intervals. They are now demanding alternate accommodation from the govt.
The SC observed that while the occupants are at liberty to approach the govt for rehabilitation, the authorities can proceed with the demolition. The civic body has sought police protection to carry out the demolitions and has written to the electricity department to disconnect power connections, with water supply also set to be halted soon.
