Can’t allow SGNP slipping out of Mumbai, says HC, pulls up govt for apathy

A bench of Chief Justice Devendra Kumar Upadhyaya and Amit Borkar was hearing a plea filed by Samyak Janhit Seva Sanstha, an association of residents from slums at SGNP seeking alternative accommodation for the eligible residents.

In October, last year, the state government had informed that MHADA shall initiate the bidding process for construction. The Court had then said that the only concern before the authorities should be to save the national park as the encroachments were causing difficulties to the forest department. It had ordered that strict timelines be laid down to rehabilitate eligible residents.
On Thursday, Advocate General Birendra Saraf for the state government stated that a meeting chaired by the Additional Chief Secretary of the Housing Department was held on January 7 and a decision was being taken to transfer the 90 acre land to MHADA and that a proposal would be submitted to state revenue department for the same.
“Government lacks both will and resolve. Your reply does not show how long it will take for construction. You held a meeting with this kind of laxity. We had been very liberal considering the enormity of the project and this cannot go on and on. It has been 27 years and you (state) are in contempt. Why does the chairperson of the high-powered committee not understand all this?” CJ Upadhyaya orally remarked to the state government.
“If the government is not alive in such a situation, we do not know what its priorities are. Can there be more priority than this so far as the city is concerned? We had told you about the benefits of SGNP and you are showing so much apathy. We want this city to be at least liveable. Think of the situation where due to encroachment, there will be no water in two lakes (in SGNP catchment area). Where will you get water to drink? How can you be apathetic and insensitive to such a situation? We cannot allow SGNP to be slipping out of Mumbai city.” the judge questioned.
Senior advocate Janak Dwarkadas representing Conservation Action Trust raised objections on permissibility of implementation of the scheme over the 90-acre land on the ground that fell in ESZ where construction of ‘vertical slum’ as eco-friendly development was not legally permissible as per Central environment ministry’s notification.
However, AG Saraf submitted that with certain conditions, such constructions are permissible even in ESZ area.
Seeking an affidavit in response from the high ranking officer of the state housing department, the court posted further hearing to January 14.