A previous NGT decision affirmatively stated that land inhabited by slum dwellers cannot be legally categorized as a Garden, thus affecting CRZ application for redevelopment proposals.

ORDER

1. In this original application, the applicant has sought directions/clarifications that the respondents are bound by the order of the National Green Tribunal (NGT) dated 07.10.2012, passed in Appeal No. 13, 14, 19 and 20 of 2012 and they have no power to show the entire Subject Property artificially painted green in the Coastal Zone Management Plan (CZMP), 2019. The applicant has further sought a direction to the respondents to grant the application dated 02.03.2022 for approval of its Slum Scheme forwarded to the Maharashtra Coastal Zone Management Authority (MCZMA) by the Slum Rehabilitation Authority (SRA) by letter dated 20.04.2022.

2. The case of the applicant is that it is a developer of the property bearing CTS No. B-908 to B-910 and B-911 (pt.) situated at Bandra, Mount Mary Hills, Kadeshwari Mandir Marg, H/W ward, Mumbai-400050 (hereinafter referred to as “Subject Property”). The Development Control Regulation (DCR 1967) and the Development Plan for Greater Mumbai (1967 DP) were published in 1967 in pursuance of the Maharashtra Regional Town Planning (MRTP) Act, 1966. Under 1967 DP, the Subject Property was reserved for the purpose of a Garden. According to the applicant, this reservation was never acted upon by the relevant authorities and the Subject Property was never used as a Garden but it was encroached by the slum dwellers.

3. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was enacted for the improvement and clearance of slum areas, ensuring redevelopment of the slum areas and protection of occupiers in the slum areas from eviction and distress warrants in the State of Maharashtra.

4. Further plea of the applicant is that since the Subject Property was encroached upon by the slum dwellers, therefore, in 1976 it was declared as a censused slum and the slum dwellers on the Subject Property had formed themselves into four slum societies, namely, (i) Bandra Jaffar Baba CHS Limited; (ii) Shiv Mandir CHS (proposed); (iii) Hill People CHS (proposed) and (iv) Durga Mata CHS (proposed) (hereinafter referred to as the “Slum Societies”).

5. The Coastal Regulation Zone (CRZ) Notification, 1991 was published exercising powers under the Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986, inter-alia, providing for measures to protect and conserve the coastline and marine ecosystem.

6. On 20.02.1991, the DCR 1967 and 1967 DP were replaced by the DCR 1991 and 1991 DP, wherein the Subject Property continued to be shown as Garden.

7. The applicant was appointed by the Slum Societies as the developer of the Subject Property for implementing the Slum Scheme on the Subject Property. The applicant submitted a proposal on 15.10.1998 to the Slum Rehabilitation Authority (SRA) for the development of the Subject Property. The proposal of the applicant was accepted by the SRA which issued its Letter of Intent (LOI) dated 23.11.1998 providing for an area of 4110.58 sqm, i.e., 33% out of the Subject Property was to be surrendered towards a non-buildable reservation of Garden. The SRA also issued the intimation of approval dated 29.12.1998 for the construction of a building to rehabilitate the slum dwellers on the Subject Property. The revised LOI dated 29.12.1998 contained the same provision relating to surrendered of 4110.58 sqm towards the non-buildable reservation of Garden. This 4110.58 sqm kept aside in the Subject Property for Garden reservation was to be handed over to Brihanmumbai Municipal Corporation (BMP)