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HC terms Indu Mills encroachers militants, says use force if required

Court slams state for initiating dialogue with encroachers at Indu Mills; government assures action within 10 days.

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The Bombay high court (HC) on Thursday lashed out at the state government after it said it was in talks with encroachers to vacate Indu Mills at Dadar. “Who is the representative you are talking to? Tell us. Would you have initiated a dialogue or negotiated with terrorists in hotel Taj?” asked a division bench of justices DK Deshmukh and Anoop Mohta.

“If negotiations fail because of the adamant approach of encroachers, don’t be apologetic in using force. You are using public money to maintain the force, use it some time,” the court said while granting time to the state to evict the encroachers.

The government assured the court that it will work towards removing the encroachers through dialogue within a week. If that does not happen, it will use force and remove them in three days. The court adjourned the hearing of the petition filed by the National Textile Corporation till January 4, 2012. 

Republican Sena activists barged into the mill compound on December 6 and demanded that the government allot the entire 12.5-acre land for the construction of Dr Babasaheb Ambedkar’s memorial. “Since December 6, the encroachers have occupied central government land. We are dismayed with the approach adopted by the state. Don’t you realise that the state government has been ridiculed?” asked justices Deshmukh and Mohta.

The counsel for the Republican Sena told the court that it would be better if there was reconciliation between the parties. “Let the central government make a statement that a portion of the mill land will be given to the state government for building a Dr Ambedkar memorial,” he said.

The court derided the approach of the activists. “Is it justified to forcibly take possession of the land? If not, then now that you have made your point to the public, you should voluntarily move out. If this is allowed, it will be followed by everyone,” the court said.

Additional solicitor general Darius Khambata, too, said that this was no way to push for a memorial. “The greatest memorial they can give to Dr Ambedkar is to walk out peacefully and handover the land.”

The counsel for the encroachers, however, argued that the state was not opposing their stay. “You know why they are not opposing your stay - they are all politicians. If they want, they can even get an inch of land from any side - Ambedkarites or others. Politicians always want their share. If one faction gets some attention, the other also wants its share. This is a fact,” said justices Deshmukh and Mohta.

Meanwhile, security was beefed up outside the high court on Thursday amid reports of a planned protest by activists from the Republican Party of India and other factions such as the Republican Sena. Additional platoons of the state reserve police were deployed while the high court staff was pressed into service to issue entry passes to litigants and the public. Entry inside the court premises was also restricted. Similar restrictions were in place even during the confirmation proceedings of 26/11 terrorist Ajmal Kasab.

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