SADHNA KUMAR MUMBAI
The Bombay High Court has directed the MHADA not to prepare any layout in respect of the land which has mangroves and restricted construction within 50 metres of the said lifeline.
The court was hearing a
PIL seeking demolition of a housing society constructed within 50 metres from mangroves.
A resident of Kandivali, Edwin Britto, had filed a PIL alleging that the land, where the building has constructed, is within 50 metres from the mangroves, hence it should be demolished. However, the court did not take his prayer into consideration and dismissed the PIL. According to the PIL, Saibaba Co- operative Housing Society limited, has been constructed on plot no 296, at Kandivali within a distance of 50 metres from the mangroves, therefore it is illegal.
The petitioner placed an old order of the HC directing that no construction shall be permitted within 50 metres from the mangroves.
Advocate appearing for the society submitted that plot no 296 is a part of MHADA layout.
” MHADA had issued an advertisement in August 1993 in the newspaper inviting applications from the co- operative housing societies for allotment of open development plots in the land of MHADA for the purpose of constructing buildings for residential use and occupation of the members of the co- operative socities,” he contended.
He also argued that the landbearing Plot No. 296 itself did not have any mangroves and building has been constructed after obtaining IOD and the commencement certificate from the BMC. Observing the fact that there were no mangroves on plot No. 296 when the plot was allotted to the society and, therefore, there was no breach or violation of condition, a division bench headed by Chief Justice Mohit Shah said, ” the fact remains that plot No. 296 was one of the plots in MHADA layout for which the Government of India in the Ministry of Environment and Forests had granted environmental clearance and MHADA had followed the legal procedure for allotment of plot after inviting applications from the Cooperative housing societies for constructing residential premises for their members.”
