Mumbai: The Bombay High Court disposed of a public interest petition filed by Gorai's fishing community challenging a notification that changed the status of seven villages from 'No Development Zone' to 'Tourism Development Zone', to allow the fishermen to file a fresh plea against a museum and ancillary activities planned in the area.
The court had passed an interim order on May 5, 2008, staying the tender process initiated by the Maharashtra Tourism Development Corporation (MTDC). Last week, MTDC for the development of the tourism zone in Manori, Gorai, Uttan, Pali, Dongri, and other villages, some of which are located in the Brihanmumbai Municipal Corporation area and others in the Mira-Bhayandar Municipal Corporation. However, on September 23, 2010, the MTDC reported that the proposed development was shelved. In view of this, the court modified the interim order by providing that prior permission of the court shall be obtained before initiating any other development work in respect of the lands in question.
The petitioners, the Gorai Macchimar Sahakari Sanstha had filed chamber summons in 2017, seeking amendment in the petition for the purpose of challenging the May 2013 notification and also challenging a subsequent notification dated June 3, 2016. This chamber summons was pending since 2017 without any order. In the latest chamber summons, the fishermen sought to completely change the nature of the petition.
Gayatri Singh, senior counsel for the petitioners, said that the MTDC has now commenced the work of development of a museum and other ancillary activities. This would be a fresh cause of action which needs to be adjudicated by filing a separate petition. On August 5, a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne, said that the purpose for which the petition was initially filed, the execution of work by MTDC, now no longer survives. In view of this, the court said, instead of considering the petitioners' application for amendment and allowing the same at this stage,the petition is disposed of. "This means the petitioners are at liberty to file a fresh petition in the event the petitioners believe that the cause in the petition still survives" said Hamza Lakdawala, advocate representing the fishermen.
Gorai residents said they were not opposed to the museum which will be dedicated to Chhatrapati Shivaji Maharaj. "The museum is being built while we are still waiting for water pipelines, hospitals, and colleges. Now that the construction of the museum has started, we are wondering whether we will get these facilities," said Rossi D'souza from Gorai village.
