Observing that the construction of nine illegal buildings in the Vasai-Virar Municipal Corporation area has made substantial progress even after the appointment of a court receiver, the Bombay High Court has recently asked the court official to take possession of the buildings.
Justices A S Oka and Revati Mohite Dere were hearing a public interest litigation that said many illegal buildings were being built on land allotted for the purposes of agriculture, and without permission from the competent authority.
Stating that a report by the court receiver pertaining to illegally constructed buildings in Vasai-Virar discloses very disturbing facts, the HC directed the sub-divisional officer, Vasai, to provide adequate staff to the office of the court receiver for the purposes of taking over possession of the nine buildings and the vacant premises in the area.
A court receiver is appointed to take custody of and manage a property under litigation.
“It is found that after the last visit of the court receiver, the construction of nine buildings continued and some portions have been occupied. Considering the fact that even after the court receiver was appointed, construction of these nine illegal buildings has made substantial progress, we direct the court receiver to take physical possession of the nine buildings,” said the court, adding that the premises occupied by people should not be disturbed.
“The possession of the premises which are not occupied or are closed shall be also taken over by the court receiver by breaking open the locks on the premises. Apart from displaying the usual boards, the boards shall also be displayed on the individual premises of which the physical possession is taken over by the court receiver,” added the court.
The HC had earlier ordered that necessary police protection be granted to the court receiver and his representatives.
“As reiterated in the earlier order, the police will have to ensure that the construction of illegal buildings is physically stopped,” said the court.
It also said if the court receiver during a visit to the site for implementation of the order found that any persons found living in the building after the last visit on August 10 and 11, 2015, could be evicted by the receiver with the help of the police.