No HC relief to shanties constructed on mangroves

Even after giving an urgent hearing after court hours, Bombay High Court recently refused to grant any relief to the residents of Ambedkar Nagar, Cuffe Parade. The residents had approached the Vacation Bench of the HC seeking protection of their shanties reportedly constructed upon mangroves.

A (Vacation) Division Bench presided over by Justice Kamalkishor Tated and Justice Anil Menon was hearing a bunch of petitions filed by the residents of Ambedkar Nagar, Cuffe Parade. The Bench heard the petitions after court hours, that is at 7 pm on Saturday evening.

The residents had sought a declaration that their shanties were not liable to be demolished without following due process of law. The residents had also prayed for a direction restraining and prohibiting the Brihanmumbai Municipal Corporation (BMC) from demolishing their shanties. They contended that the action taken by the civic body was completely illegal, without following due process of law and without giving an opportunity of being heard.

On the other hand, the counsel appearing for the BMC claimed that the civic body has followed the necessary rules and have carried the demolition drive in accordance to the law. The counsel also informed the Bench that the BMC has till now razed 1296 structures from the same area.

The counsel also cited the orders of another Bench of the HC that had directed to evict encroachments upon mangrove areas. That Bench had then said that all construction and garbage dumping on the mangrove was to be stopped and regardless of ownership of the land.

The Bench had also banned all construction and development taking place within 50 metres on all sides of all mangroves. After hearing both the sides, the Bench said, “We find that the petitioners have already suffered demolition of all their shanties. Prima facie there is no reason to disbelieve the submissions of the BMC in as much as notices are seen to have been issued to the petitioners since of 2012.”

“No case is made out for granting any protection especially since the authorities have demolished 1296 shanties in accordance to the orders of this court,” the Bench added.