VANASHAKTI Vs. DHARAVI REDEVELOPMENT PROJECT

JUDGEMENT

(1.) The Petitioner seeks directions against Respondent Nos.1 and 2 to delete the area covered under the Mahim Nature Park Protected Forest, as described in Schedule 1 of the Notification dated 16 th March 1991 from the Dharavi Redevelopment Project (SRA) and the tender issued therein.

(2.) The learned Senior Advocate for the Petitioner strenuously contends that the area under the Mahim Nature Park is a protected forest. Same cannot form part of any development project. The tender issued by Respondent No.1 also does not specifically exclude the said area. The tender, on the contrary, recites a covenant that those properties which are open and/or not included in the redevelopment project, can be acquired and development rights can be created. According to the learned Senior Advocate, the Respondents do not have any right and authority to carry out any development activity within the area of Mahim Nature Park. The learned Senior Advocate also refers to the tender document to contend that the provision has been made to include the excluded area also. Clause A of Annexure D (Draft of State Support Agreement) is referred, which reads thus; "provided any excluded area desires to be included in the Project Area and to become part of integrated development to be carried out by the developer/s appointed for execution of the redevelopment plan to be included after due permission of DRP."

(3.) Further, sub clause XVIII of Clause 1.4 of the Introduction of the tender document is also relied on by the learned Senior Advocate to contend that if land is acquired from the excluded portion in Dharavi Notified area or outside, the cost of acquisition shall be borne by the SVP Company.