Thousands of residents in Mumbai’s Vikhroli complex, who faced demolition of their buildings for constructing on ‘private forest’ land, got a lease of life on Thursday as the Supreme Court set aside the seven-year old demolition notices.
The buildings constructed as early as in 1957 by Godrej and Boyce Manufacturing limited got a rude shock on May 8, 2006 when they were visited with showcause notices by the Deputy Conservator of Forests who claimed the land to be ‘private forest’ and hence State property. The residents challenged the State action before the Bombay High Court that travelled in appeal to the Supreme Court.
To its surprise, the court found out 170 similar notices issued to other institutions as well, that included Bhabha Atomic Energy Complex and an Employees State Insurance (ESI) Hospital. Although State refused to proceed against the above two institutions, the forest department was keen to evict thousands of residents, demolishing the buildings erected decades ago, and reclaiming the land for afforestation.
A bench of Justices RM lodha, Madan lokur and Kurian Joseph that set aside notices said, “These appeals raise larger issues of good administration and governance and the State has, regrettably, come out in poor light.” The land on which construction stood extended to 133 acres and 38 gunthas. The State admitted it was ‘waste land’ and not ‘forest’.
“It is complete inaction of the State, rather its active consent that has resulted in several citizens being placed in a precarious position,” the bench said, adding, “the failure of the State to take decision on show cause notice for many decades is indicative of its desire to not act on it.”
This stood fortified by a consent decree of January 8, 1962 by which the land belonged to Godrej, approval of Development Plans of 1967 and 1991 to construct buildings that was followed by exemptions granted under the Urban land (Ceiling and Regulation) Act, 1976 leading to God-rej making unhindered constructions.
‘Rajiv killers deserve death’
Condemned prisoners convicted in Rajiv Gandhi assassination case deserve death sentence, the Supreme Court said on Thursday and refused to go into the merit of the conviction while hearing their plea on commuting death penalty to life due to delay in deciding their mercy plea.
