An application has been moved in the Bombay High Court opposing the State government’s move to allot 90 acres of land from a total of 190 acres at Marol-Maroshi in western suburbs to rehabilitate eligible slum dwellers from Sanjay Gandhi National Park (SGNP). The application contends that the state hid the crucial information that the land falls inside Aarey Colony and parts of this plot is a Notified Forest.
The state government, on October 10, had informed the HC that it will allot 90 acres of land in Marol-Maroshi for rehabilitation purpose, and the process for the bidding process shall be initiated before December 1.
The plot has been allotted following a litigation initiated by Samyak Janhit Seva Sanstha, a society of SGNP slum dwellers, who sought their rehabilitation as per earlier HC orders. In 1997 and 1999, the HC, on a public interest petition by Bombay Environment Action Group (BEAG), directed the state to clear encroachment from SGNP and rehabilitate eligible dwellers.
On Monday, Advocate Tushad Kakalia, appearing for the NGO Vanashakti and activist Zoru Bathena, sought permission to intervene saying that the plot which has been proposed to be used for rehabilitation is an eco-sensitive zone and a part of Notified Forest. “The entire plot falls under the Notified Eco Sensitive Zone (ESZ) of SGNP,” read the application filed by NGO Vanashakti and activist Zoru Bathena.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar has kept the application for hearing on November 13 along with Samyak Janhit Seva Sanstha’s petition.
As per the application, on November 5, 2003, while hearing a PIL by Citispace, the Hc rejected SRA’s request to rehabilitate the hutments of Aarey inside Aarey itself. Despite this, the SRA floated a tender on September 27, 2018 proposing rehabilitation on this plot for Aarey slum dwellers and SGNP tribals. However the tender had to be cancelled in October 2018 due to HC order.
Similar proposal by MHADA in December 2019 was cancelled in view of the HC order. Even SRA’s efforts to declare some portion of this Aarey plot as a slum was rejected on May 6, 2021.
The government set up a committee on December 22, 2021, to locate a place to relocate SGNP tribals and slum dwellers in “area other than Aarey”.
On October, 21, 2019, the Supreme Court too suo motu (on its own cognisance) of tree felling inside Aarey for Metro 3 car shed and restrained the authorities from felling any more trees.
The notes on historical areas of SGNP by its divisional manager also records that Aarey forms a part of SGNP. However there is no publicly available map / record for the same.
The application adds that in June 2019, the HC had directed the forest department to tabulate revenue record title of SGNP, however, this tabulation is not done.
The application urges the HC to recall its October 9 order asking state to take expeditious steps for rehabilitation in the said land and consider all aspects.
