HC stays eviction of 8,000 residents of illegal buildings in Nalasopara

MUMBAI: In a significant relief for around 8,000 residents of 41 unauthorised buildings in Agarwal Nagar, Nalasopara East, the Bombay high court on Monday stayed their eviction for three months due to the monsoon season.

The stay order came a day after the Vasai Virar Municipal Corporation (VVMC) issued eviction notices to the residents. Some residents approached the Bombay High Court, which granted a three-month stay on the eviction.

“We are ready to evict but only if we get cash or a house. Or else we will approach the Supreme Court against the eviction order,” said Hanif Khan, 64, a resident who bought his 330-square-foot flat 15 years ago.

“We are paying property tax and all other taxes to the VVMC, but still we were asked to evict. Where will we go? We have kids and aging parents,” said Mukesh Solanki, 43, an IT engineer living with his wife, two daughters, and mother in Agarwal Nagar.

The eviction notices followed a directive from the Bombay High Court. Civic authorities stated that the buildings were encroachments by private builders on municipal lands reserved for public purposes. The land in question, measuring 30 acres, spans survey numbers 22 to 30 in Agarwal Nagar. Some parcels were privately owned, while others were reserved for a dumping ground and a Sewerage Treatment Plant (STP).

In 2006, former corporator Sitaram Gupta and his son Arun Gupta began illegal construction on the land without obtaining civic permissions. Between 2010 and 2012, 41 unauthorised buildings were demolished in the area.

Landowner Ajay Sharma filed a public interest petition in the High Court, leading to a court order for the Municipal Corporation to vacate the houses of the 41 building residents. Consequently, the VVMC issued eviction notices.

In September 2022, Sitaram Gupta, a former corporator of the Bahujan Vikas Aghadi (BVA) party, was arrested by the Achole police. He was accused of land grabbing and constructing 41 illegal buildings in the Mauje area of Achole, Vasai East. Gupta allegedly produced a bogus Completion Certificate (CC) for one of the buildings from CIDCO and the Vasai-Virar City Municipal Corporation (VVCMC).

An FIR was filed against Gupta and his associate Vijay Tambat, alias Vijay Salvi, in June 2023 by the Municipal Corporation. They were charged with multiple offences under the Indian Penal Code, including cheating, criminal trespass, and forgery.

The accused, including Sitaram Gupta, his brother Arun Gupta, and their accomplices, allegedly acquired 30 acres of land from private owners and an additional 30 acres reserved for government projects. They sold the land to various builders using fake ownership documents.

“Since 2008, I have been attempting to get an FIR registered and have Gupta arrested, but he has evaded the law for years,” said Ajay Sharma, the complainant and caretaker of the 30 acres of land. The rightful owners reside in New Zealand and Canada. Sharma, holding power of attorney for 10 acres of the land worth crores of rupees, revealed that the Gupta brothers created a bogus CC from CIDCO and sold it to builders.

“Like the residents, even I am asking if the VVMC was sleeping when the construction began and the accused were selling the flats. I had approached the court to get my land back from the land mafia,” Sharma added.