The Bombay High Court has ordered reconstruction of "kuchha" structures for rehabilitation of 63
families whose houses were demolished by the civic body without serving notices.
Hearing a petition filed by Badari Samaj Singh, Justice A P Shah and Justice S J Vajifdar appointed the Prothonotary and Senior Master of the high court to act as Commissioner of the
Court for supervising reconstruction of the structures at Sai Seva Nagar in suburban Kandivali.
Members of Badari Samaj raised a grievance that their structures were demolished without giving them notices. They claimed that their houses existed prior to 1995 and hence they were protected as per the guidelines laid down by the court in earlier orders.
The judges ordered the aggrieved families to forward documents of their residential status to the appropriate authority and directed the latter to submit a report to the court within three months.The 63 families were entitled to produce evidence and make representations before the appropriate authority who will hear them before preparing his report, the judges ruled.
The petition contended that the Municipal Corporator of the area was a builder and hence interested in demolition of slums to enable him errect a multi-storeyed structure. Counsel for the petitioner, M P Vashi, alleged that the demolition squad of the civic body had harassed the displaced persons including some women. Besides, he said, the displaced persons had put up their claims for damages or monetory compensation for loss of property suffered during demolition.
The civic body, on the other hand, argued that the plot was reserved for public purpose. A play ground and a school were earmarked in the development plan on this land, it said. Counsel for the civic body, N V Sanglikar, submitted that time and again illegal structures were demolished on this land in 1993, 1995, 1997 and 1999.
In view of rival contentions between the parties, the court felt that it was necessary to identify the persons who were entitled to protection, ascertain the validity of their claims and determine their entitlements. "We do not propose to go into the merits of the rival contentions between the parties. Even assuming that these structures were illegal, the procedure prescribed under Bombay Municipal Corporation Act was admittedly not followed," the judges noted.
"No notice was given to the persons whose structures have been demolished. The affidavits filed on behalf of the civic body do not disclose how its officers could have demolished the structures on private land without following due procedure, the judges observed.
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