THANE: The Bombay High Court has directed the Thane Municipal Corporation (TMC) and the Thane Collector to initiate strict action against encroachments and unauthorised constructions in Yeoor Hills — a forested stretch within the Sanjay Gandhi National Park — including bungalows and commercial establishments allegedly built by local politicians and private entities.
The order was passed by a division bench of chief justice Alok Aradhe and justice Sandeep Marne while hearing a public interest litigation (PIL) filed by tribal rights activists. The petition alleged large-scale illegal transfers of tribal land, unauthorised construction of bungalows, and encroachments on public land within the protected forest zone.
The petitioners also sought restoration of tribal lands to their original owners, invoking the provisions of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
During the hearing, the TMC informed the court that a 2009 survey had identified 219 unauthorised structures in Yeoor Hills, and that notices had been issued. However, the civic body was unable to provide details on the action taken since then.
Taking note of the submissions, the court observed, “No person has a right to encroach on public land or indulge in unauthorised construction.” While noting that the question of whether a particular structure is legal or not cannot be decided under writ jurisdiction, the court emphasised that it was the duty of the competent authorities to enforce the law.
The bench directed the Thane municipal commissioner and the collector to issue fresh notices to all encroachers and parties responsible for unauthorised constructions. After granting them an opportunity to be heard, the officials must take appropriate action, including demolition of structures found to be illegal.
Regarding the restoration of tribal land, the court held that affected individuals are free to pursue legal remedies under the 1974 Act to reclaim their ancestral land.
Yeoor Hills, located on the fringes of Thane and Borivali, has seen a surge in illegal developments in recent years — including upscale bungalows, bars, and restaurants — sparking concerns about forest degradation and displacement of tribal communities.