HC to government: Do you want to develop entire Aarey area?
Rosy Sequeira | TNN | Jan 22, 2019, 02:07 IST
Representative imageMUMBAI: The Bombay high court on Monday asked the state government if it wants to convert the entire Aarey Milk Colony into a developed area.
A bench of Justice Ravindra Borde and Justice Vijay Achliya was hearing a petition filed by NGO Vanashakti for declaring the colony a “reserved forest” or “protected forest” under the Indian Forests Act, 1927. The petition also urged interim relief of status quo in respect of development activities in Aarey Colony, which is marked as “green zone” in the Development Plan (DP) 2034.
Senior advocate Gayatri Singh, for the NGO, argued that while it wants the entire 1,280 hectares to be declared a forest, for now, it won’t press for the 33 hectares granted for the Metro carshed, which has been challenged before Supreme Court.
“Several reports and records show that certain parts are forest and have forest-like characteristics,” she said. Singh said that Aarey Milk Colony is included in the ecological sensitive zone of Sanjay Gandhi National Park.
State’s advocate G W Mattos said that the issue whether Aarey mMIlk Colony is a forest or not was argued before an earlier bench, which had ruled in its favour. Singh urged for a status quo pending a hearing, saying that large-scale construction was going on in the area, including on 90 hectares for Slum Rehabilitation Authority housing.
The judges then questioned if the area has been mapped. Singh said that the Supreme Court had directed all states to identify and demarcate existing and denuded and degraded forests areas. “This has not been done,” she added. To the judges’ query if the DP is finalised, Mattos replied it is. Justice Achliya then asked, “You (government ) want to convert the entire Aarey Milk Colony into a developed area?’’
Mattos said the petition seeks relief against MMRDA who is not even a party in the case. Singh urged for an injunction meanwhile, saying, “They are diverting the rivers, clearing the area.”
However, Justice Borde said, “We can’t grant injunction in the absence of parties We cannot casually pass orders. They have to be heard.” The state has to reply in 4 weeks; the matter will be heard on February 18.
A bench of Justice Ravindra Borde and Justice Vijay Achliya was hearing a petition filed by NGO Vanashakti for declaring the colony a “reserved forest” or “protected forest” under the Indian Forests Act, 1927. The petition also urged interim relief of status quo in respect of development activities in Aarey Colony, which is marked as “green zone” in the Development Plan (DP) 2034.
Senior advocate Gayatri Singh, for the NGO, argued that while it wants the entire 1,280 hectares to be declared a forest, for now, it won’t press for the 33 hectares granted for the Metro carshed, which has been challenged before Supreme Court.
“Several reports and records show that certain parts are forest and have forest-like characteristics,” she said. Singh said that Aarey Milk Colony is included in the ecological sensitive zone of Sanjay Gandhi National Park.
State’s advocate G W Mattos said that the issue whether Aarey mMIlk Colony is a forest or not was argued before an earlier bench, which had ruled in its favour. Singh urged for a status quo pending a hearing, saying that large-scale construction was going on in the area, including on 90 hectares for Slum Rehabilitation Authority housing.
The judges then questioned if the area has been mapped. Singh said that the Supreme Court had directed all states to identify and demarcate existing and denuded and degraded forests areas. “This has not been done,” she added. To the judges’ query if the DP is finalised, Mattos replied it is. Justice Achliya then asked, “You (government ) want to convert the entire Aarey Milk Colony into a developed area?’’
Mattos said the petition seeks relief against MMRDA who is not even a party in the case. Singh urged for an injunction meanwhile, saying, “They are diverting the rivers, clearing the area.”
However, Justice Borde said, “We can’t grant injunction in the absence of parties We cannot casually pass orders. They have to be heard.” The state has to reply in 4 weeks; the matter will be heard on February 18.
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