Shravanbal Mata Pita Seva Sangh Through Its President v. The Union Of India And ORS.

PIL/60/2017 BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 60 OF 2017 Shravanbal Mata Pita SevaSangh ...Petitioner. V/s The Union of India and Others .... Respondents.

Mr. Kartikaya Bahadur Kranti L.C. for the Petitioner. Mr. Parag Vyas for Union of India.

Mr. P.G. Sawant, AGP for the State.

CORAM: DR. MANJULA CHELLUR, C.J. & N.M. JAMDAR, J.

DATE: 10th August, 2017 P.C.:- The Petitioner under the guise of pro bono publico, being a Society (alleged to be an NGO), is before this Court complaining that subsequent to the judgment of the Supreme Court in Civil Appeal No.1132 of 2011, a special action programme for eviction of encroachers from Gairan/Gurcharan and common village lands came to be proposed but without following the procedure contemplated, the encroachers are being thrown out of the properties. According to the Petitioner's Counsel, Petitioner-Society works for regularization of such encroachments. Be that as it may, the fact remains that when action has to be taken in accordance with the procedure contemplated, one 1/2

PIL/60/2017 cannot conclude that every person is thrown out without following the procedure. It cannot be an omnibus opinion. Each encroacher may have certain rights, if at all he has and if there is non-compliance of the procedure contemplated, it is in their personal right they have to approach the Court and challenge such non-compliance and not in the form of public interest where common directions could be given. If individual encroachers are aggrieved by the action of the special drive committee or action taking committee, they are at liberty to approach the Court in their individual capacity. With these directions, PIL is disposed of.

(N.M. JAMDAR, J. ) (CHIEF JUSTICE) 2/2