Mumbai: The Bombay high court on Monday directed the Maharashtra government to inform whether in future Mahim Nature Park (MNP) will be part of the proposed Dharavi Redevelopment Project.
A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja has directed the Maharashtra government and Slum Rehabilitation Authority (SRA) to file affidavits replying to a public interest litigation (PIL) challenging the inclusion of the MNP in the redevelopment project of Dharavi, Asia’s largest slum.
PIL filed by NGO and environmental activist
The HC was hearing a PIL by NGO Vanashakti and environmental activist Zoru Bathena alleging that MNP; declared as a protected forest in 1991, may be unlawfully included in the Dharavi redevelopment project. The petitioners expressed apprehension pointing out that the October 2022 tender grants the right to acquire “excluded areas” (including MNP) for the project.
The plea contends that the park is a hub for bio-diversity and boasts of various different flora and fauna. It says that it wants to ensure that the 27 acres park is not unlawfully covered under the proposed redevelopment project.
According to the plea, the petitioners had earlier written to the project authority seeking a clarification on whether the park was included within the Dharavi notified area, when it should have been entirely deleted from the project documents.
Milind Sathe, counsel for the project authority, said that it has already clarified to the petitioners that the MNP was not included in the redevelopment project.
But the authority was, however, silent on whether the park would be shown in the category of "excluded area" in the tender documents.
Court: 'Clarify stand by January 2, 2023'
The HC then directed the state government and the SRA to file their affidavits clarifying their stand by January 2, 2023.
In October 2022, a tender was issued inviting bids for the redevelopment. The tender grants the project proponent the right to acquire excluded areas, including the MNP, the PIL alleged.
The petition challenged the demarcation and inclusion of the protected forest of the park in the category of "excluded area" in the project tender.
“This demarcation and inclusion would unlawfully allow the project proponent to acquire/develop the Mahim Nature Park in contravention to its protected nature status,” the PIL said. “The Mahim Nature Park should have never been included within the boundary of the Dharavi redevelopment project and should be deleted from the project documents.”
The Adani Group bagged the Rs 5,069 crore bid for redevelopment.
