August 4: The state government heaved a sigh of relief today after the Supreme Court and the Bombay High Court stayed the demolition of 180-odd unauthorised structures in downtown Malegaon. The authorities were worried as the demolition could have led to trouble in this communally sensitive town.

The State Revenue and Forests Department officials had spent sleepless nights after a division bench comprising Justice Ashok Desai and T K Chandrashekhara Das ordered the demolition of the structures on July 31. The Nasik Collector was ordered to remove the encroachments and report compliance of the order in 72 hours. The government pleaded for an extension of the deadline forwarding heavy rainfall and unmanageable tract of land as reasons. However, the judges did not change the order.

Advocate General C J Sawant then approached Chief Justice M B Shah for a hearing on Saturday. Meanwhile, advocate for encroachers C J Gawnekar also filed another petition seeking time to vacate. The chief justice did not grant a hearing. Another bench he constituted, comprising Justice Ashok Desai and T K Chandrashekhara Das also refused to extend the deadline. The hearing took place at Justice Desai's bungalow. Since the 72-hours deadline ended on Sunday evening, the matter was placed before Justice Ashok Agarwal and S D Gundewar today. Nasik Collector Manoj Sounik told the court that more time was needed. The judges ruled that ``having regard to situations prevailing, the request is reasonable. One week's time is granted.'' The petition will be heard on August 19.

Even as the panic-stricken Revenue Ministry celebrated the moment, another good news followed. The Supreme Court had stayed the demolition until further orders. The government pleader M N Zambre and Nasik's resident deputy collector had moved apex court on Friday against the demolition. The Chief Justice of India Justice J Verma stayed the demolition.

The disputed plot of land, admeasuring one acre and 27 gunthas, belongs to a partially blind Alka Hinge, who claims it to be her ``only source of income.'' The plot, along with other plots, was acquired by the government from her father in 1961 for the construction of the `Mosum Rice Canal'. The plots were returned after the government decided not to construct the canal. While the other plots were returned, Hinge's land remained with the collector.

After a prolonged correspondence, the collector informed her that ``it would be impossible to return the land due to encroachments.''

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.