Illegal Encroachment and Extension on TMC land by Society violating MRTP Act and Maharashtra Land Revenue Act..

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December 29, 2019

The Secretary,
Saket CHS LTD.,
Thane

CC: The Hon. Municipal Commissioner,
Thane Municipal Corporation,
Thane

CC: The Dy Municipal Commissioner,
(Encroachment),
Thane Municipal Corporation,
Thane

Dear Sirs,

With reference to the above subject I want to inform you that today I was informed that the Society Management is illegally encroaching upon TMC land and has started construction of a 6 feel tall and about 15 feet wide wall outside the B 1 entrance gate.
I visited the site and found that indeed the society has encroached about 6-8 feet of the road outside of our main gate illegally and has constructed a wall there.
I am at a loss to understand what was the need to thus illegally encroaching Municipal land?
Do you want to increase the boundary of the Society?
What was the compulsion that you have unilaterally taken this decision, without referring the matter to the Managing Committee and are doing illegal things, even when the Society is bereft of OC?
This act is totally unjustified and illegal and is a crime.

There is a High Court judgement on the subject of Illegal Encroachment.
In the case M/s Javed Khan vs. Thane Municipal Corporation, Justice Abhay Oka has observed (Quote):

(iii) In case the staff of the Corporation detects the building which is in the process of being constructed and/or reconstructed and/ or extended without valid permission from the Corporation, it would be open to the Commissioner to demolish the same by giving a short notice of 24 hours after drawing a panchanama at the site and also by taking photographs of such structure and/or extension. The photographs should indicate the date when the same were taken.

(iv) In case where the Municipal Corporation has followed due process of law and demolished the unauthorised structure and or extension, if the same is reconstructed without valid permission within a period of one year, it would also be open to the Corporation to demolish the same by giving a short notice of 24 hours.
(Unquote)

By this act, you have violated the provisions of the MRTP Act.
The Managing Committee is supposed to be jointly and severally responsible for its act.
But this holds good if the decision is taken in a proper Managing Committee meeting.
This decision of yours is your own decision and the Managing Committee has got nothing to do with it. 
I am distancing myself from this decision of yours.

Earlier too you have illegally constructed, without Managing Committee sanction, a Security cabin outsde Society premises opposite the shopping complex.

Both these can be subject to Municipal action, which please note. In that case, you shall be held responsible to make good the loss incurred by the Society due to both your unilateral decisions and not the entire Managing Committee.

I am keeping the Municipal officials in loop of this letter and  request you that please immediately stop and demolish the illegal construction or face Municipal action.

Regards,

Dayanand Nene
Member, Saket Managing Committee.

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