Service Road of Jalna Road must be cleared, stated HC.
Lokmat News Network
Chhatrapati Sambhajinagar:
The Aurangabad Bench of the Bombay High Court has been approached with a challenge against the Chhatrapati Sambhajinagar Municipal Corporation's (CSMC) drive to remove encroachments along the 60-meter-wide Jalna Road, as per the city Development Plan. Among the petitioners, those residing in CTS No. 74, Chikalthana, submitted to the court on Wednesday (June 25) that they would voluntarily dismantle their tin sheds by evening and vacate their houses by Thursday.
The court directed that petitioners in Sanjaynagar must also file an affidavit by Wednesday, pledging to remove their tin sheds and vacate houses voluntarily by July 31. If they fail to do so, the CSMC is authorised to demolish the encroachments on Thursday and register criminal cases against those who resist, mentioned the orders issued by the bench comprising Justice Ravindra Ghuge and Justice Y.G. Khobragade on Tuesday.
Regularisation option within 7 days
Responding to a request from the Chikalthana petitioners, the court stated that if the residences fall within the 60-meter zone, they may apply for regularisation under Gunthewari rules within seven days, submitting all required documents. The municipal corporation may reject applications with deficiencies, the bench clarified. Hearing on other related petitions is scheduled for Wednesday.
CSMC’s ongoing anti-encroachment drive
Following a public interest litigation (PIL) order related to removal of encroachments in Connaught Place, the CSMC has been actively conducting anti-encroachment operations across the city since January. All unauthorised tin sheds, shops, and houses are being removed, said advocates Sambhaji Tope and Suhas Urgunde.
No protection for unauthorised structures
The Supreme Court has clearly stated that unauthorised constructions are not to be protected under any circumstances, a stance also supported by the High Court. The judges emphasized that even if a person has ownership of the land, an unauthorised structure still counts as encroachment. The court further ordered that the service road along Jalna Road must be cleared.
Legal Representation
Adv. Vishal Bakal represented on behalf of Sunil Jaiswal & others (Chikalthana Petitioners); Adv. Hemant Dhage on behalf of Kusumbai Narwade & others (Sanjaynagar Petitioners); Adv. Sambhaji Tope, Adv. Suhas Urgunde, Adv. Vaibhav Deshmukh represented Chhatrapati Sambhajinagar Municipal Corporation and Chief Government Pleader Amarjitsingh Girase pleaded on behalf of the Government of Maharashtra.