Bombay HC imposes Rs 2 lakh fine on MHADA, others for usurping land
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Bombay HC imposes Rs 2 lakh fine on MHADA, others for usurping land
The High Court has issued a Rs 2 Lakh fine on MHADA, Anjuman Trust, Juhuraj Society and Juhu Lifestyle society for trying to illegally usurp two plots in suburban Juhu, reserved for open garden space, the two plots are to be kept as an open garden space.
By: PTI | Mumbai |
Published:July 19, 2017 5:32 pm
A Rs 2 lakh fine has been imposed on MHADA for usurping land by Bombay HC. (file)
The court ordered for the two plots to be kept as an open garden space and said no construction can be permitted on these two plots. The bench imposed the Rs 2 lakh cost each on MHDA, Anjuman Trust, Juhuraj Society and Juhu Lifestyle society while disposing of a plea by a city-based civil society Save Open Spaces challenging the order passed by MHADA. “As it is, the city is having very few open spaces which are the lungs of the city. We have no hesitation in holding that an attempt to destroy the open spaces meant for garden with ulterior motive would be violative of the doctrine of public trust,” the court said. “We are of the considered view that MHADA ought not to have been party to such collusive and illegal act between Anjuman Trust, Juhuraj society and Juhu Lifestyle society,”the court said. It added that the hasty manner in which the lease deeds were executed in favour of the societies by MHADA creates a great degree of suspicion.
Petitioners counsel Shiraz Rustomjee argued that the plot was reserved for garden space and hence MHADA cannot allot the same to any trust to build residential societies there. The petitions had sought the court to declare that the two plots were necessarily required to be kept as open space for garden and the lease deed executed in favour of Juhuraj society and Juhu Lifestyle society as nominees of Anjuman Trust should be quashed and set aside. The court noted that there were some errors on the part of MHADA while submitting layout plans of the Juhu area to the civic body in the year 1999.
