Mumbai: Observing that public interest must prevail over the private interests, the Bombay High Court on Tuesday directed a South Mumbai family to forthwith vacate properties, abutting the Powai-Lake. The HC imposed a cost of Rs 10 lakh on the family for continuing to illegally hold the plots for 18 years.
Notably, these plots would be a part of the proposed Powai-Lake beatification project, planned by theBrihanmumbai Municipal Corporation (BMC), pursuant to the orders of the HC. A bench of Justices Satyaranjan Dharmadhikari and Burgess Colabawalla dismissed the plea of Batlivala family, residing in South Mumbai.
The family had the possession of two plots measuring 1682 and 565 square meters, abutting the Powai lake, since the 1950s after they were given a lease, which expired in April 2001. Despite the expiry of the lease, the Batlivala family did not hand over the plots, which are public properties, to the BMC on the ground that they have been paying the lease, even after the expiry date.
Having considered the facts of the case, Justice Dharmadhikari noted that another bench of the HC had passed a detailed order for the development and beautification of the Powai lake. The said orders were passed in response to a plea seeking restrictions on desilting, preserving and conserving trees, prohibiting dumping of waste material/quarrying works etc.
“The BMC has decided to implement a preservation and beautification project for the Powai lake. This project was proposed to be implemented by the BMC in phases, under which the Powai Lake Front land is being beautified as a place where a healthy and pleasant water body will attract the public at large,” the bench noted.
“The project involves developing islands, pathways/landscaping inside the Powai garden etc. It is also supposed to include a play zone for children. The plans and estimate for this project are ready but an uninterrupted stretch of land is required for the implementation of the aforesaid project, otherwise, the proposed beautification project would be partial,” the bench noted further.
The bench accordingly said the private interests of the Batlivala family cannot be considered over the public interest. “One can hardly dispute that the beautification of the Powai lake is in the larger public interest. This project is being undertaken by the BMC and is for the benefit of the public at large. When the public interest is pitted against private interest, the public interest would prevail,” observed Justice Dharmadhikari.
The bench further said that the plots in question fall within the beautification project and therefore, the interests of the Batlivala family would certainly have to give way for the benefit of the public at large and for whose interest the beautification project of the Powai lake has been proposed. The bench further said it is frequently coming across such frivolous litigations.
