DP is meant to exploit Aarey commercially, High Court told

Just two days after the Maharashtra government approved the Development Plan 2034 for Mumbai, it has been accused of facilitating commercialisation of open spaces like Aarey Colony. The activists seeking protection of Aarey Colony from Metro III car shed are crying foul over the DP. On Friday, the activists informed the Bombay High Court that the government had approved the DP only to further its plan to commercially exploit the Aarey Colony.

A division bench of Justice Satyaranjan Dharmadhikari and Justice Prakash Naik were informed that the approved DP intends to exploit open spaces.

The judges were hearing a writ petition filed by activists led by Zoru Bathena, who have challenged the decision of the government to hand over a part of the land of Aarey Colony to the Mumbai Metro Rail Corporation Limited (MMRCL) for construction of a car shed for the Metro III line.

Senior advocate Janak Dwarkadas appearing for Bathena said, “The purpose of DP is to protect certain plots like open spaces or other reserved plots. It does not mean that the government can exploit any plot for its interest.”

“The approved DP has been brought in to exploit the green lung – Aarey Colony -- and make it a commercial hub,” the advocate added.

In addition to this, the activists also submitted a note to the judges to substantiate their claims that Aarey Colony is a forested land.

“There has been no application of mind on the part of the planning authorities in first modifying the 1991 Development Plan and permitting a Metro Car Depot on 30 hectares of Aarey Colony land; also, how have the authorities concluded that this large tract land has ceased to be eco-sensitive. The actions of the planning authorities are contrary to the statutory and constitutional duties of recognizing and protecting forest lands,” the note stated.

Meanwhile, the activists also informed the judges that there are nearly seven leopards in Aarey Colony, which even the MMRCL has accepted on an affidavit, which it filed before the National Green Tribunal (NGT) in some other matter. This submission was made to second its argument that the Aarey Colony is a forest.

With this, the activists completed their arguments and now the judges would hear the submissions of the government and the MMRCL on this issue and then decide if the car shed for Metro III can be allowed on Aarey land or not.