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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