HC orders crackdown on illegal bungalows, encroachments in Yeoor Hills
The order was passed by a division bench of chief justice Alok Aradhe and justice Sandeep Marne while hearing a public interest litigation (PIL) filed by tribal rights activists. The petition alleged large-scale illegal transfers of tribal land, unauthorised construction of bungalows, and encroachments on public land within the protected forest zone.
The petitioners also sought restoration of tribal lands to their original owners, invoking the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
During the hearing, the TMC informed the court that a 2009 survey had identified 219 unauthorised structures in Yeoor Hills, and that notices had been issued. However, the civic body was unable to provide details on the action taken since then.
Taking note of the submissions, the court observed, 'No person has a right to encroach on public land or indulge in unauthorised construction.' While noting that the question of whether a particular structure is legal or not cannot be decided under writ jurisdiction, the court emphasised that it was the duty of the competent authorities to enforce the law.
The bench directed the Thane municipal commissioner and the collector to issue fresh notices to all encroachers and parties responsible for unauthorised constructions. After granting them an opportunity to be heard, the officials must take appropriate action, including demolition of structures found to be illegal.
Regarding the restoration of tribal land, the court held that affected individuals are free to pursue legal remedies under the 1974 Act to reclaim their ancestral land.
Yeoor Hills, located on the fringes of Thane and Borivali, has seen a surge in illegal developments in recent years — including upscale bungalows, bars, and restaurants — sparking concerns about forest degradation and displacement of tribal communities.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
Business Standard
23 minutes ago
- Business Standard
Punjab becomes first to empanel sign language experts under juvenile law
Punjab has become the first state in India to empanel sign language interpreters, translators, and special educators under the Juvenile Justice Act, 2015 to ensure accessible and sensitive justice for all, particularly children with hearing and speech impairments. The announcement was made by Dr Baljit Kaur, Minister for Social Security, Women and Child Development. These experts will be deployed district-wise to provide support services to children in need. This landmark step, undertaken under the leadership of Chief Minister Bhagwant Mann, is designed to empower children with special needs by eliminating communication barriers in legal, educational, and daily life settings. The move is also aligned with the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Dr Kaur said the empanelled professionals will support children during court proceedings and other official matters, thereby promoting fair, impartial, and sensitive outcomes. She emphasised that the initiative reflects the state government's strong commitment to building an inclusive society where every child, regardless of ability, feels heard, understood, and protected. The professionals will be deployed across districts and compensated in accordance with the relevant legal provisions. Their timely assistance will be ensured in both routine and urgent cases involving children with special needs. Highlighting Punjab's pioneering approach to inclusive governance, the Minister noted that the state has already taken a significant step by broadcasting proceedings of the Punjab Vidhan Sabha in sign language--an effort aimed at improving accessibility for the speech and hearing impaired. This latest initiative further strengthens the government's mission of removing systemic barriers and ensuring equal participation for all. It marks a major milestone in the state's ongoing efforts to uphold the rights and dignity of children with disabilities and promote justice that is both accessible and compassionate. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
India.com
23 minutes ago
- India.com
Malegaon Blast: Maharashtra Must Challenge Acquittal Verdict, Says Congress MLA Arif Masood
New Delhi: Congress MLA from Madhya Pradesh, Arif Masood, urged the Maharashtra government to file an appeal against the acquittal of all seven accused in the 2008 Malegaon blast case, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit. Masood emphasized that terrorism has no religion and should not be associated with any faith. He cited the state government's recent decision to challenge the Bombay High Court's acquittal of 12 accused in the 7/11 Mumbai train blasts case, stating that similar action should be taken in the Malegaon case. "Terrorism has no religion, nor is it related to any Maharashtra government, which has announced that it would file an appeal against the acquittal of the 12 accused in the 7/11 Mumbai train blasts case by the Bombay High Court, should do the same thing in the Malegaon case too," said Arif Masood. Meanwhile, families of the Malegaon blast victims have expressed their intent to challenge the verdict of the special NIA court, which acquitted all the accused on July 31. Their lawyer, Shahid Nadeem, confirmed that some of the families will independently file appeals. He also criticized the National Investigation Agency (NIA) for not taking action against witnesses who turned hostile during the trial. The Maharashtra government had earlier approached the Supreme Court to challenge the Bombay High Court's acquittal in the 2006 Mumbai train blasts case. In the Malegaon investigation, after the NIA took over from the ATS, it dropped charges under the Maharashtra Control of Organised Crime Act (MCOCA), citing issues with how the provisions were applied. The 2008 Malegaon blast occurred on September 29 in the Nashik district, killing six people and injuring over 100. In its judgment, the special court not only acquitted all seven accused but also directed the government to pay compensation, Rs 2 lakh to the families of those killed and Rs 50,000 to the injured. The court found insufficient evidence to prove that Pragya Thakur owned the motorcycle allegedly used in the blast, noting that its chassis number had been erased. It also observed that Thakur had renounced worldly possessions two years before the incident.
&w=3840&q=100)
Business Standard
an hour ago
- Business Standard
Pollution control boards can seek bank guarantees for damage, says SC
The Supreme Court on Monday ruled that environmental regulators, such as the Pollution Control Boards, can impose environmental compensation and seek bank guarantees from polluting entities as part of their preventive measures against potential environmental damage. 'We hold that the environmental regulators, the Pollution Control Boards, can impose and collect as restitutionary and compensatory damages fixed sums of money or require furnishing bank guarantees as an ex-ante measure towards potential environmental damage in exercise of powers under Sections 33A and 31A of the Water and Air Acts,' the Supreme Court said. A Bench of Justices PS Narasimha and Manoj Misra held that such actions by State Boards are lawful and fall within their powers. However, the Bench stressed that this authority must be exercised fairly and transparently. 'While we hold that the Boards have the power to direct the payment of environmental damages, we make it clear that this power must always be guided by two overarching principles. First, that the power cannot be exercised in an arbitrary manner; and second, the process of exercising this power must be infused with transparency,' the judgment said. The court emphasized that such action must be distinguished from a penalty. 'There is a distinction between a direction for payment of restitutionary and compensatory damages as a remedial measure for environmental damage or as an ex-ante measure towards potential environmental damage on the one hand; and a punitive action of fine or imprisonment for violations under Chapters VII of the Water Act and VI of the Air Act on the other hand.' The Bench also referred to the polluter pays principle in Indian environmental jurisprudence, stating that actual environmental degradation is not a prerequisite for demanding compensation. Instead, the potential for environmental harm is sufficient. 'The actual degradation of the environment is not a necessary condition for the application of the polluter pays principle, as long as the offending activities have the potential of degrading the environment," the judgment said. The Court also echoed the view taken by the National Green Tribunal in Swastik Ispat Pvt Ltd, where the tribunal had upheld the use of bank guarantees as a lawful method of securing environmental compliance. In the present case, the Delhi Pollution Control Committee had appealed against the judgment of the Division Bench of the High Court, which had held that it was not empowered to levy compensatory damages under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981. The High Court ruled that such action amounted to a penalty under Chapters VII and VI of the respective Acts, and as such, the procedure for imposing and collecting compensatory damages outlined thereunder should be the only method available.
