Bombay HC directs Maha govt and SRA to file affidavits on PIL against inclusion of nature park in Dharavi redevelopment project

The Bombay High Court has directed the Maharashtra government and Slum Rehabilitation Authority (SRA) to file affidavits in response to a petition challenging the inclusion of The Mahim National Park in the Dharavi redevelopment project.

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing a public interest litigation (PIL) claiming that the Mahim Nature Park, which is a protected forest, has been unlawfully included in the redevelopment of Dharavi, Asia's largest slum.

The PIL filed by NGO Vanshakti and environmental activist Zory Bathena stated that it wants to ensure that the park, admeasuring 27 acres, is not unlawfully covered under the proposed Dharavi redevelopment project.

The petitioners had earlier written to the project authority seeking a clarification on whether the park was included within the Dharavi notified area, when it should have been entirely deleted from the project documents.

Senior counsel Milind Sathe, appearing for the project authority, told the court on Monday that it has already clarified to the petitioners that the Mahim Nature Park was not included in the redevelopment project.

But the authority was, however, silent on whether the park would be shown in the category of "excluded area" in the tender documents. The bench then directed the state government and SRA to file their affidavits clarifying their stand by January 2, 2023.

This demarcation and inclusion would unlawfully allow the project proponent to acquire/develop the Mahim Nature Park in contravention to its protected nature status, the PIL said.