Saturday, March 16, 2013

Dinesh Kamath's news item 'HC issues notice to Ganesh Naik' that was published in Newsband




HC issues notice to Ganesh Naik
To reply to the PIL filed by Thakur
By Dinesh Kamath
NAVI MUMBAI: Thane guardian minister and NCP leader Ganesh Naik, his nephew Santosh Tandel and the state government were issued notices by the Bombay High Court on Friday, following a public interest litigation (PIL) alleging encroachment by the NCP leader in Navi Mumbai.
The case was heard by a division bench of justices AM Khanwilkar and AP Bhangale. The Navi Mumbai Municipal Corporation, Maharashtra Industrial Development Corporation (MIDC) and City and Industrial Development Corporation (CIDCO) were also issued notices and were asked to file their reply.
It was social activist Sandeep Thakur who had filed the PIL. The PIL accused Naik of usurping land measuring over 1.45 lakh sq m. The litigation questioned as to how he could do it when the land belonged partly to the MIDC and some to CIDCO.
The PIL said, “Naik has constructed a “Glass House” on a 301-sqm plot of the total land usurped. This Glass House he has been using for official meetings. The government officials were prevented from removing this encroachment since 2004.”
Thakur used the Right to Information Act to obtain information about this place. He found that the NMMC itself was not sure whether the “Glass House” was legal. The litigation expressed surprise that NMMC had not even maintained a file relating to this issue.
The PIL also said that the value of the property is estimated to be over Rs 20 crore and the big plot of land next to it which is not for sale has been usurped too. Its value is estimated to be over Rs 211 crore, said the PIL.
The PIL, filed by Thakur, tabled internal memos of MIDC which alleged that encroachments have been made by the Minister and his supporters were preventing the MIDC personnel from removing illegal structures. The PIL alleged that the petitioner had received a letter from MIDC, which had informed that the land was encroached upon by Bavkhaleshwar Mandir Trust, but the actual area of illegal structures is only 1119.84 square metres.
The rest of the space has been beautified by planting coconut trees, building roads and lawns and boundary walls and a lake by the trust.
When the MIDC put this plot up for sale, the buyers didn’t come forward as they did not want to challenge Naik and his nephew, added the PIL.
Thakur has appealed for the removal of encroachment and handing over of the property to the MIDC.
The PIL also produced documents which proved that a certain amount was paid to NMMC as property tax for 2012-13. It pleaded that investigation be done to find out as to who was funding this alleged encroachment.
The affidavits are now invited by April 5 and the next hearing will be on April 16.

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