Bombay HC directs Maharashtra govt to show files related to deletion of 18 villages from KDMC

On Oct 1, 2020

Mumbai: The State was asked to bring original records and files in petitions challenging the deletion of 18 villages from Kalyan-Dombivali Municipal Corporation (KDMC) jurisdiction. The bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni of Bombay High court in physical hearing asked the state to bring the files to court to disclose if there has been any “application of mind”.

The HC was hearing petitions filed by Santosh Davakhar, an agriculturist who challenged a notification dated June 24, 2020 issued by the state urban development department. It declared woth objective to constitute a Municipal Council called Kalyan suburban Municipal Council for 18 villages excluded from the larger urban area in KDMC. Other petitions on the issue filed by Sunita Khandagle and Moreshwar Bhoir against exclusion of villagers. The notifications are “illegal, unjust, mala fide and politically motivated,” said the Davakhar’s petition argued by advocate Rajesh Datar.

Since 1983, KDMC was constituted 19 villages from Kalyan and 8 villages from Ambernath taluka and a development plan for it was created in 1995, with land falling in these 27 villages “shown to be in a green zone and later declared as residential area”.

After the building and construction plan was approved, few villagers protested due to which in 2002 these 27 villages were removed but later they were re-included in 2015. The inclusion once again led to agitation by villagers and on September 7, 2015.

Later, due to protest government began a process for proposed removal of these villages from KDMC and sought objections and suggestions. The process however was halted since state elections were round the corner. The present Uddhav Thackeray led government restarted the process with public hearing in March. A report was submitted by the Konkan divisional commissioner to retain nine of the 27 villages in KDMC and suggested formation of new municipal council for the remaining 18.