ZHAHID ALI S HAQUE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners claim to be occupants of structures situated on plot bearing City Survey Nos.13, 17, 19, 24, 27, 29, 30, 33, Golibar, Santacruz (East), Mumbai. It is common ground that the plot on which the said structures are situated has been notified as a slum area. Besides the structures occupied by the Petitioners, there are in all 5079 slum dwellers. The Competent Authority has approved the proposal submitted for Slum Rehabilitation Scheme in relation to total area of plot admeasuring 112582.02 sq.mtrs., so as to accommodate the eligible slum dwellers in the Rehabilitation Scheme. The occupants of the structures standing on the said plot are members of two separate Societies being Basera Cooperative Housing Society Ltd. and Nehru Nagar Cooperative Housing Society Ltd. The Petitioners 1 to 9 are members of Nehru Nagar Cooperative Housing Society; whereas, Petitioner Nos.10 to 14 are members of Basera Cooperative Housing Society. Significantly, out of 14 Petitioners, only 6 Petitioners i.e. Petitioners 1 to 5 and 10, are eligible for rehabilitation as per the Annexure II. The other Petitioners who have been found to be ineligible have challenged the decision, which proceedings are still pending.

(2.) The present Petition, however, arises out of the rejection of the objection put forth by the Petitioners to stop the further development work on the plot, as is being undertaken by the Respondent No.10. The challenge was on the ground that no construction activity or for that matter demolition of the existing structures can be proceeded with in absence of prior environmental clearance, as per the Environment Impact Assessment Notification No.S.O. 60 (E) dated 27th January 1994 read with amendment Notification dated 7th July 2004, issued by the Ministry of Environment and Forests (MoEF) (Respondent No.3), under the provisions of the Environment (Protection) Act, 1986. That objection was taken by the Petitioners before the Administrator and Divisional Commissioner, Konkan Division, Mumbai, who in turn, disposed of the Appeals preferred by the Petitioners on the following basis:

(3.) As a consequence of the above order, the Respondent No.10 pursued the matter with MHADA for taking over vacant possession of the structures occupied by the Petitioners and similarly placed persons who were yet to vacate the structures in their occupation. The Executive Engineer/Bandra Division, Mumbai Board of MHADA issued notice dated 29th September 2009 which was duly served on the occupants of the respective structures including the Petitioners. The English translation of the relevant extract of the said communication reads thus: