Providing a major relief to the almost 51kah residents of the Bhandup -Mulund- Thane and the Borivali -Kandivali and the Sanjay Gandhi National Park, the Supreme Court yesterday has pass a historic judgement which set aside the High Court Judgement stating that their homes were built on forest land.
A bench of three Justices- RM Lodha, Madan B Lokur and Kurien Joseph said, a tertiary question that arises assuming the disputed lands are forests lands, can the state be allowed to demolish the massive constructions made thereon over the last half century. Given the facts and circumstances of these appeals our answer to this question is also in the negative. Keeping aside the BMC petitions of the stop work notices to the developers. Earlier BMC claimed that that the flats are constructed on the land which is 3,000 acres were under the Forest Conservation Act.
Looking at the entire case over the decades there were lot of ups and down and judgement passed and looking at the issue form the residents point of view the bench of justice said the companies and residents residing cannot be punished for complete inaction of the state. Adding further they said that the entire problem cannot have looked from the states perspective.
Slamming the state government the court underlined it that it was state responsibility to ensure laws were implemented with reasonable dispatch.
Adi Godrej, Chairman, Godrej Group said, "We are happy to note the favorable judgment of the Supreme Court in the Mumbai forest land matter.
Godrej & Boyce owns approximately 133 acres of land in Vikhroli that will be unlocked for potential development in partnership with Godrej Properties. We already have exciting plans for development in Vikhroli and this will further enhance the scale of development."
The apex court also cleared the order the decks for developers and residents to go ahead with their stalled residential, industrial and commercial projects in the area and ended the court by saying, "basic principal of good governance must be followed by every member of the Executive Branch of the state all times.