INDIA BUSINESS WORLD - APRIL 16th - MAY 10th - 2008
STATUS QUO IN MAHARASHTRA LAND CASE: SC
The Supreme Court has asked the Maharashtra government to maintain status quo on its decision on notifying land, including areas near the Borivli National Park, as reserved forest. This comes as a reprieve to thousands of the families living in the colonies built on a vast tract of land stretching on such area of approximately 9,193 acres, the families dependent on the factories functioning there, and the premier institutions like Bhabha Atomic Research Centre and the ESIS Hospital located on land proposed to be notified as reserved forest.
A bench comprising Chief Justice K G Balakrishnan and Justice MK Sharma ordered status quo till August 22, the next date of hearing.
The court asked the appellant developers––Godrej & Boyce, Nanabhai Jeejeebhoy, Atithi Builders, Normal Lifestyle and Nirmal Developers––not to create any third party rights in respect of flats built by them in the classified area. The court passed the order after Solicitor General G E Vahanvati on behalf of the state government assured that no further action would be taken in pursuant to the Bombay High Court judgement that held approximately 9,193 acres and 37 gunthas of such land situated within the municipal limits of Greater Mumbai as private forests.
The developers said the High Court had failed to appreciate that the notice as published in the Government gazette was neither dated, signed, sealed nor was dispatched to them. The High Court was in error in holding that the publication of the notice in the Official Gazette ‘presupposes’ the issuance of the notice,” Godrej & Boyce stated. While stating that it was necessary to establish that the lands possessed the natural attributes of a forest, real estate companies said permission for nonforest activities and construction for residential quarters was granted several decades ago and the lands were designated under the Development Plans of 1967 and 1981 for ‘residential use.’
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