JUDGMENT 1. The Petitioners are a registered society, most members of whom are residents of Vasai-Virar area of Thane District. The PIL relates to unauthorised construction in Vasai. It is the case of the Petitioners that there is a master plan prepared for the concerned area which provides, inter alia, for a Green Zone and No Development Zone; that industrial estates and commercial constructions are allowed within the No Development Zone by the local authorities concerned; and that despite intimation regarding the illegalities to the local authority, no action is taken. The Petitioners, in the premises, have prayed, inter alia, for (i) formation of a committee to identify illegal structures, (ii) stoppage of further illegal constructions and (iii) demolition of existing illegal constructions. 2. Originally, the State of Maharashtra, CIDCO (being the local planning authority), the Collector of Thane and the municipal councils of Vasai, Navghar, Nalasopara and Virar were arraigned as party Respondents to the PIL. Subsequently, a total number of 10 Municipal Corporations/Councils in addition to other authorities such as MIDC were joined to the PIL by way of amendment. 3. A number of petitions concerning different areas and regions within Thane District also came to be filed along with the present PIL. This group of PILs concerns common questions regarding illegal constructions and inaction of the respective local authorities with reference thereto in the areas of Thane, Vasai and Virar belt. 4. Various orders have been passed in this group of PILs from time to time. In particular, by an order dated 27 February 2008, this Court recorded that the court was convinced that there were a large number of constructions which were made unauthorisedly and illegally. The Court directed the Respondent authorities to hold a meeting and to take a decision with regard to the demolition of the buildings which have been constructed in the whole district without permission. The Court also directed the Respondents to evolve a mechanism and fix a time limit for completing the task. The Court directed the Respondent authorities to hold a meeting and to take a decision with regard to the demolition of the buildings which have been constructed in the whole district without permission. The Court also directed the Respondents to evolve a mechanism and fix a time limit for completing the task. After further recording the growth of unauthorised constructions in the areas forming part of the subject matter of the group of PILs and the resulting plight of public and Municipal lands by various subsequent orders, this Court by its order dated 28 January 2009 constituted a High Level Committee headed by the Chief Secretary of the State, and consisting of Principal Secretary, Urban Development Department; Principal Secretary, Finance and Revenue; and various other officers of the State Government. In compliance with these directions, the State Government issued a resolution dated 2 March 2009 constituting a High Power Committee headed by the Chief Secretary. The mandate of this High Power Committee was to come up with concrete steps to resolve the problems in the group of PILs. After various further orders, the Chief Secretary filed his affidavit dated 19 June 2010 indicating that non-residential encroachments would be removed by 30 September 2010 and that residential encroachments would be removed as per the time-table attached to the affidavit. The Chief Secretary in his affidavit also referred to encroachments of residential nature existing prior to 1 January 1995 (which were protected as per the policy of the State Government) and encroachments which have come into existence post 1 January 1995 but existing prior to 1 January 2000 (in respect of which the question relating to extension of protection awarded to encroachments existing prior to 1 January 1995 was pending before the Supreme Court in an SLP). 5. It appears that in the meeting of the High Power Committee headed by the Chief Secretary held on 18 June 2010, a decision was taken to remove the encroachments as per the following schedule : “A) Non residential encroachments – To be Removed by the 30th Sept.2010. 5. It appears that in the meeting of the High Power Committee headed by the Chief Secretary held on 18 June 2010, a decision was taken to remove the encroachments as per the following schedule : “A) Non residential encroachments – To be Removed by the 30th Sept.2010. B) Residential encroachments – To be removed as per the following table Action Period a) Issuance of notices under the relevant laws for eviction to all the encroachers One month (Up to the 15th July 2010) b) Notice period One month (up to the 15th August 2010) c) Scrutiny of documents / papers, if any, submitted by the recipients of notice 15 days (Up to the 31st August 2010) d) Determination of eligibility for resettlement as per the prevailing policy of the Govt. and preparation of location-wise, time-bound action plan for removal / demolition etc. One month (Up to the 30th September, 2010) e) Demolition / removal of ineligible encroachments From the 1st Oct.2010 6. By its order dated 18th October 2010, this Court directed that the concerned local authorities shall permit the hutment dwellers, who have been residing in the residential encroachments prior to 1st January 1995 or even prior to 1st January 2000, to produce documents in support of their case that they have put up the structures in question, prior to 1st January 1995 or 1st January 2000, as the case may be. The documents were directed to be submitted before the Deputy Collector, Thane for encroachments on Government lands, to the Assistant Municipal Commissioners for encroachments on Municipal Corporation lands and to the concerned officer of the Forest Department in case of forest. The documents were allowed to be submitted within one month from 18th October 2010 and the officers concerned were directed to consider the claims of hutment dwellers within one month thereafter. Liberty was given to hutment dwellers aggrieved by rejection of their claims by the concerned officers to file appeals before an appellate authority to be named by the Chief Secretary of the State Government within one month from 18th October 2010. The appeals were directed to be decided within one month from the date of filing. 7. Liberty was given to hutment dwellers aggrieved by rejection of their claims by the concerned officers to file appeals before an appellate authority to be named by the Chief Secretary of the State Government within one month from 18th October 2010. The appeals were directed to be decided within one month from the date of filing. 7. Subsequent to this order, an affidavit was filed by the Deputy Municipal Commissioner of Vasai-Virar Municipal Corporation, inter alia, stating that a number of persons, who, according to the Municipal Corporation have put up unauthorised constructions, have filed civil suits and obtained interim orders against the implementation of the demolition notices issued by the Municipal Corporation and that ad-interim orders were passed by courts requiring Municipal Corporation to maintain status quo. This stand was noted by this court in its order dated 14 July 2011. The court observed that it was open to the Municipal Corporation to move the concerned courts seized of such civil suits and request the courts to vacate the ad-interim orders. 8. The group of PILs remained pending between July 2011 and April 2013 when it could not be taken up for effective hearing due to various reasons. The Court, however, expected the concerned Municipal Corporations and authorities to act on the orders passed by this court from time to time and carry out demolitions of unauthorised structures under the overall guidance of the High Power Committee. 9. When the matter came up before this Court on 18th April 2013, the court noted that an affidavit was filed by the Joint Secretary in the Urban Development Department on 31st August 2010. Annexure-1 to the affidavit contained a statement showing details of actions taken against encroachments/unauthorised constructions on public lands in Thane District. The statement indicated that a total of 2,10,363 encroachments were detected; 2,10,344 notices were issued; 18,436 encroachments were removed. The statement covered areas falling, inter alia, in the jurisdiction of the Municipal Corporations, Zilla Parishads and Nagar Panchayats in the Thane District as also areas falling within the jurisdiction of CIDCO, MMRDA and MIDC. The statement indicated that a total of 2,10,363 encroachments were detected; 2,10,344 notices were issued; 18,436 encroachments were removed. The statement covered areas falling, inter alia, in the jurisdiction of the Municipal Corporations, Zilla Parishads and Nagar Panchayats in the Thane District as also areas falling within the jurisdiction of CIDCO, MMRDA and MIDC. Since almost a period of two years had by then elapsed, the court deemed it appropriate that the court should be apprised by the Urban Development Department of the exact factual position as of date in regard to the extent of unauthorised constructions, number of unauthorised constructions in respect of which notices for removal have been issued and the action, if any, that has been taken. The Secretary was directed to file an affidavit containing an upto date status report accordingly. The court also directed the respective local authorities to apprise in respect of actions taken in the respective areas falling within their jurisdiction. 10. In pursuance of the order of this Court dated 18th April 2013, various affidavits have been filed by the Respondents. The position as of date which emerges from these affidavits is as follows 11. Decisions/Actions of the State Government and the High Power Committee: The State Government and the High Power Committee have in their affidavits filed before this Court indicated that they took the following steps/actions: (i) In order to have effective control over encroachments on public lands, the Maharashtra Municipal Corporations Act and Mumbai Municipal Corporation Act have been amended inter alia by restricting the jurisdiction of civil courts to deal with demolitions of encroachments and unauthorised structures and introduction of a designated officer to ensure accountability; (ii) In order to ensure timely action against encroachments and unauthorized construction, the State Government vide a Government Resolution No.ADMC-1006/C.R.192/2006/UD-28 dated 2nd March 2009 had already issued instructions to Urban Local Bodies in the State of Maharashtra to set up Special Enforcements Squads for controlling encroachments and unauthorized constructions and to appoint dedicated staff to detect and report encroachments and unauthorised constructions. (iii) The State Government has taken a decision of: (A) Creation of dedicated police force within the Municipal Corporations/Councils; (B) Establishment of Special Police Cell for registering and investigating Municipal offences; (C) Setting up of Special Courts to try Municipal offences. Accordingly Municipal Corporations/Councils have also been informed to submit their respective proposals. (iii) The State Government has taken a decision of: (A) Creation of dedicated police force within the Municipal Corporations/Councils; (B) Establishment of Special Police Cell for registering and investigating Municipal offences; (C) Setting up of Special Courts to try Municipal offences. Accordingly Municipal Corporations/Councils have also been informed to submit their respective proposals. (iv) The necessary hearings were given to slum dwellers in respective Municipal areas and orders were passed by the respective authorities identifying the status of slum dwellers in occupation of unauthorized structures prior to 1.1.95 and 1.1.2000; (v) A comprehensive rehabilitation mechanism making available alternative accommodation to slum dwellers was ordered by the High Power Committee and accordingly, various corrective and pre-emptive steps were sought to be initiated including directions to have lands earmarked for rehabilitation. 12. Decisions/Actions of the Kalyan-Dombivali Municipal Corporation : Kalyan-Dombivali Corporation has filed its affidavit dated 19th July 2013 inter alia pointing out the following : (i) The Corporation has been executing the work of removal of unauthorized encroachments through ward offices and has delegated the requisite powers to the ward officers; (ii) That 30 police personnel were engaged by the Corporation to give protection to the staff of the corporation during demolition of unauthorized constructions and encroachments. The Corporation bears the expenditure incurred on their salaries; (iii) That out of 843 encroachments on public lands, 673 have already been demolished, whilst 170 were yet to be demolished. There were about 11 cases pending in courts in respect of unauthorized constructions and prohibitory orders were passed against the Corporation; (iv) The Corporation has sanctioned a proposal for establishing an independent police station with a dedicated staff of 70 police personnel agreeing to bear the salaries and other establishment expenses therefor. The sanctioned proposal is sent to the State Government for final approval; (v) The Corporation would complete the action of removal of unauthorized constructions and encroachments within a period of one and half years. 13. Decisions/Actions of Thane Municipal Corporation : The affidavit dated 19th July, 2013 filed by Thane Municipal Corporation indicates the following actions/decisions: (i) Within the territorial limits of the Corporation, there were 3326 encroachments on Municipal lands, out of which 2535 encroachments were in existence prior to 1.1.1995 and 680 encroachments were in existence prior to 1.1.2000. 13. Decisions/Actions of Thane Municipal Corporation : The affidavit dated 19th July, 2013 filed by Thane Municipal Corporation indicates the following actions/decisions: (i) Within the territorial limits of the Corporation, there were 3326 encroachments on Municipal lands, out of which 2535 encroachments were in existence prior to 1.1.1995 and 680 encroachments were in existence prior to 1.1.2000. As many as 111 encroachments, which came up after 1.1.2000, have already been removed; (ii) The Corporation has passed Resolution No.387 dated 10 February 2009 creating 100 posts of civil police and sanctioned an expenditure to the tune of Rs.1.33 crores for such civil police. An expenditure of Rs.1.13 crores out of this would be incurred on the establishment of police force comprising of the Government sanctioned 78 police posts for the corporation, being a ‘C’ class Corporation; (iii) The Corporation has passed Resolution No.30 dated 8th July, 2009 for establishing independent police stations and sanctioned an expenditure of Rs.3.85 crores for the purpose. There would be three such police stations for 3 zones within the Thane Municipal area having 9 ward committees. The proposal is submitted to the State Government for final approval; (iv) The Corporation has passed Resolution No.29 dated 8th July 2009 for the creation of an independent court with a manpower chart showing the pay-scale and expenditure as shown in the affidavit. 14. Decisions/Actions of Dahanu Municipal Council:- Dahanu Municipal Council has in its affidavit dated 20th July 2013 stated ; (i) That all 146 encroachments on municipal lands, within the jurisdiction of the Municipal Council have been removed. As for illegal constructions on the private lands, there were 961 illegal construction on the private land, out of which 238 have been removed. Concerning 14 illegal constructions the municipal council has filed FIRs under Section 52 and 53 of MRTP Act, 1966; (ii) that action is being taken against the rest of the structures. 15. Decisions/Actions of The Collector, Thane:- In his affidavit dated 18th July, 2013, the Collector of Thane has reported that (i) There were 27,271 encroachments within the jurisdiction of the Collector, out of which 6280 encroachments were removed by the concerned Tahasildars and 20,991 encroachments were yet to be removed; (ii) A huge expenditure would have to be incurred for removal of these encroachments. There is no budget with the Collector, Sub-Divisional Officers or Tehasildars for removal of encroachments. There is no budget with the Collector, Sub-Divisional Officers or Tehasildars for removal of encroachments. It was suggested by the Chief Secretary of the Government of Maharashtra that MMRDA being a planning authority for Mumbai Metropolitan Region would provide funds for encroachment removal; (iii) A report of encroachments taken from the concerned Tehasildars indicates that, a fund of Rs.4,37,05,900/- was required for the removal of the aforesaid encroachments and accordingly the Metropolitan Commissioner, MMRDA was requested to provide the required funds to the Collector by the Collector’s letter dated 12th July, 2013; (iv) The Collector, Thane has already requested the State Government to make available a dedicated task force 3 squads for city and 1 for rural area for demolition of encroachments in the same manner as the Collector, Mumbai City district and the Collector, Mumbai Suburban district have at their disposal; (v) The Collector, Thane has also requested the State Government to allot dedicated police force for the encroachment removal as well as prevention vide his letter dated 17th July, 2013; (vi) The concerned authorities have prepared an action plan for removal of encroachments on government lands within stipulated time, as per which, on availability of funds from MMRDA and dedicated force, all 20,991 encroachments would be demolished within a period of 1 ½ year. 16. Decisions/Actions of Thane Forest division :- As per the affidavit of the Deputy Conservator of Forests, Thane forest division dated 19th July, 2013 the following decisions/actions were taken by the Forest Division, : (i) There were 49,814 encroachments on forest lands of which 45,953 were residential and 3861 non-residential. Notices were issued to all encroachers on forest lands in Thane district, pursuant whereto 4633 residential 535 non-residential encroachments totaling 5168 encroachments have been removed so far, thus clearing an area of 132.177 hectares out of the total encroached area of 709.726 hectares; (ii) The encroachments being “District Specific”, a plan of eviction of encroachments is being submitted to the District Collector for provision of requisite funds under DPC; (iii) To facilitate the process of eviction and discourage new encroachments, it was requested that directions be passed for discontinuation of various civic amenities viz. Electricity, Water Supply, Telecom Connections etc. Electricity, Water Supply, Telecom Connections etc. to the encroachers; (iv) To effectively protect various areas from encroachers, instead of putting a “trench-cum-mound” fencing along the boundaries of the forests, it would be more appropriate to fence the boundaries by a wall for which funds to the tune of Rs.600 crores would be necessary and that necessary measures may be taken by the State Government to provide requisite funds. 17. Decisions/Actions of Palghar Municipal Council :- The affidavit dated 19thJuly, 2013 of Chief Officer of Palghar Municipal Corporation discloses that out of 582 unauthorized structures and encroachments within the jurisdiction of Palghar Municipal Council, 70 unauthorized structures have been demolished, whilst the remaining 512 structures were reported to be in existence prior to 1st January, 1995. 18. Decisions/Actions of Ambernath Municipal Council :- The affidavit of the Chief Officer of Ambernath Municipal Corporation dated 20th July, 2013 discloses the following state of affairs: (i) There were 537 encroachments standing on municipal land within the jurisdiction of the Municipal Council. Notices to all 537 encroacher's have been issued; (ii) 194 encroachments out of these 537 have been demolished by the Council in the month of July- 2011; (iii) Out of the remaining 343 encroachments, owners and occupants of 146 occupants have submitted their documents pertaining to their alleged existence prior to 1.1.1991 and 1.1.2000 for verification to the Council; (iv) As for the remaining 197 encroachments, the Council would take action after the monsoon season and positively on or before 31st December, 2013; (v) As for establishment of urban civil force and independent police stations within the local area of the council, the Council would be sending a necessary report to the State Government. 19. Decisions/Actions of CIDCO :- CIDCO has filed an affidavit of its Chief Controller of Unauthorized Constructions dated 19th July, 2013 indicating the status of unauthorized structures and actions taken in respect thereof as follows: (i) CIDCO has in the past 7 years issued notices in respect of 4206 unauthorized structures, out of which 645 structures have been demolished. Besides these 4206, there are another 5445 temporary structures like commercial galas, hutments etc. for which notices have not been issued; (ii) Total number of 35 civil suits have been filed in various Civil Courts within the area under CIDCO. Besides these 4206, there are another 5445 temporary structures like commercial galas, hutments etc. for which notices have not been issued; (ii) Total number of 35 civil suits have been filed in various Civil Courts within the area under CIDCO. Civil Courts have granted interim orders, due to which CIDCO was unable to take action in respect of 1431 notices. Whilst in some cases CIDCO has managed to get interim orders vacated and some of these structures demolished, however, status-quo orders continued in respect of 55 structures. CIDCO has again moved applications pursuant to the orders of the Court dated 21st June, 2013 in these 55 cases for vacating interim orders; (iii) Majority of the encroachments fall within the extended limit of 200 meters from original Gaothan and the decision regarding Garjepoti (under need) was yet to be finalized due to the fierce opposition of project affected persons; (iv) Out of 6162 slum dwellers identified by the Navi Mumbai Municipal Corporation upon CIDCO land in Navi Mumbai, 4541 have been identified as slum dwellers existing prior to 1 January 1995. Out of the remaining slum dwellers, about 1451 ineligible slum dwellers could not be removed since they were situated between the eligible slum dwellers; (v) CIDCO has proposed to frame a rehabilitation policy, whereupon eligible slum dwellers would be rehabilitated and ineligible slum dwellers would be removed; (vi) CIDCO has taken up the matter of disconnection of energy and water supply with MSEDCL and NMMC to such unauthorized structures. CIDCO has also insisted upon a mandatory requirement of NOC from CIDCO for any new connection for structures erected upon CIDCO land; (vii) A proposal of forming independent police force in CIDCO having about 40 personnel has been approved by the Board of Directors of the CIDCO vide their resolution No.10686 dated 10th July 2013 and sent to the State Government by the letter dated 15thJuly 2013 for final approval. 20. Decisions/Actions of Navi Mumbai Municipal Corporation :- The affidavit of Deputy Municipal Commissioner, Navi Mumbai Municipal Corporation dated 18th July, 2013 has disclosed the following: (i) The Municipal Corporation has removed all unauthorized structures on public land of NMMC ownership which were shown in the Petition; (ii) The corporation has passed resolution No. 795 dated 30th June, 2009 proposing a dedicated police staff. The said proposal has been sent to the State Government for its final approval; (iii) The corporation has also passed a resolution proposing a dedicated urban Police Station for the corporation area vide its resolution No.48 dated 21 December 2012. The said proposal has been sent to the State Government for its final approval. 21. The said proposal has been sent to the State Government for its final approval; (iii) The corporation has also passed a resolution proposing a dedicated urban Police Station for the corporation area vide its resolution No.48 dated 21 December 2012. The said proposal has been sent to the State Government for its final approval. 21. Based on the decisions/actions of the State Government and the High Power Committee and the various local authorities as set out above, as also the assurances made by the State Government and authorities in their affidavits, the PIL may now be disposed of in terms of the following directions: (A) Directions to the State Government : (i) The State Government shall expeditiously consider and take a final decision no later than within 12 weeks from the date of this order in the matter of the proposals of independent police stations and dedicated staff of police personnel submitted by the Kalyan – Dombivali Municipal Corporation, Thane Municipal Corporation, Navi Mumbai Municipal Corporation and CIDCO as noted in this order earlier; (ii) The State Government shall expeditiously consider and take a final decision in the matter of establishing Special Courts to deal with unauthorized constructions and encroachments as proposed by the Thane Municipal Corporation as noted in this order earlier; (iii) The State Government shall expeditiously process and consider the proposals of other Municipal Corporations/Councils in the matter of independent police stations and dedicated staff of police personnel, as and when such proposals are received by the State Government for its final approval and no later than within 12 weeks of receipt of such proposals, (iv) In the event of any municipal corporation/council not submitting its proposal for an independent Police Station with dedicated staff of police personnel as provided in the directions below, the State Government shall issue appropriate directions to such municipal corporation/council under Section 154 of the Maharashtra Regional and Town Planning Act and cause the independent police station with staff established within its jurisdiction in terms of the decision taken in the High Power Committee meetings of 3rd July 2013 and 15 July 2013, (B) Directions to Kalyan – Dombivali Municipal Corporation, Thane Municipal Corporation, Navi Mumbai Municipal Corporation and CIDCO : (i) These Municipal Corporations and CIDCO shall forthwith establish independent police stations with dedicated staff of police personnel as proposed by them upon receipt of final approval of the State Government in pursuance of directions of this Court in para A(i) above; (ii) The Municipal Corporations and CIDCO shall carry out the work of demolition of unauthorized constructions and encroachments on public and municipal lands as per their respective assurances given to this Court; (D) Directions to Meera-Bhayandar Municipal Corporation and Dahanu, Palghar and Ambarnath Municipal Councils : (i) The Municipal Corporations/Councils shall expeditiously and not later than within 8 weeks from the date of this order submit their respective proposals for creation of civil police and dedicated police stations within their respective jurisdictions to the State Government, as per directions given in the meetings of the High Power Committee dated 3rd July 2013 and 15th July 2013 ; (ii) The Municipal Corporations/Councils shall take expeditious steps after receipt of final approval from the State Government to the proposals referred to in clause (i) above; (iii) The Municipal Corporations/Councils shall carry out the work of demolition of unauthorized constructions and encroachments as per their respective assurances given to the Court and noted earlier in this order; (E) Directions to the Collector, Thane and Forest Department ; (i) The Collector, Thane shall make available funds to the Forest Department to enable the latter to carry out demolitions of unauthorized constructions and encroachments within the Forest land: (ii) The Deputy Conservator of Forests, Thane Division shall carry out the work of demolition expeditiously after funds are made available in terms of the above directions; 22. With the above directions, the group of PILs is disposed of finally with liberty to the Petitioners to apply in the event of non-compliance by any authority or other difficulty. There shall be no order as to costs. 23. In view of the disposal of the PILs, all connected Civil Applications in the PILs do not survive and are accordingly disposed of.