private forest land in mumbai........

The builders and residents of the buildings on private forest land, suffered a blow on Monday when the state government failed to submit the affidavit in the Supreme Court and at the same time, all the Special Leave Petitions (SLPs) filed against the interim order of the Bombay High Court on the private forest land issue were dismissed.
However, the court has given 12 week’s time to the residents to challenge the Bombay High Court order. The Hillside Residents Welfare Association (HIRWA) has decided to file a fresh SLP challenging the Bombay High Court order in the Supreme Court on Tuesday. The next hearing is scheduled on May 5. “The dismissal of the SLPs would not affect our movement against the high court decision. The SLPs were bound to be dismissed as they were filed to challenge an interim order by the Bombay High Court and would not stand once a final order is passed,” said Prakash Padikkal, president of HIRWA. The association will file a fresh SLP to continue its fight against the decision, he added.
In all six SLPs were filed against the interim order by the HC in 2006. In its interim order passed on a petition filed by Runwal Constructions against the state of Maharashtra on July 25, 2006, the Bombay High Court had granted interim relief subject to the final orders in the petition. The court had also made it clear that the petitioners or persons claiming through them will claim no equity.
Meanwhile, People’s Power of Nation (PPN), a city based NGO which is fighting for the cause jointly convened a meeting of residents of affected buildings on Sunday and unanimously rejected the chief minister’s formula of levying penalty on them. “We are not encroachers and accepting to pay the penalty will amount to accept that it is actually forest land,” said Anmol Bhushan, president of PPN. The NGO will file a special leave petition challenging the HC order on April 30, Bhushan added. “Our sole intention is to protect the residents at any cost. The state government is cheating people. It even failed to file the affidavit as per the assurance of chief minister and forest minister,” said former BJP member of Parliament Kirit Somaya. The formula suggested by the chief minister is baseless and will only add to the miseries of people. “As per the formula, ownership of the land will remain with the forest department and it will be a way to regularise encroachments. The state government must take a clear stand on the entire issue,” Somaya said. Referring to the issue of penalty, Padikkal said it was pre-mature to comment on who will pay the penalty.


The SLPs filed in the Supreme Court in 2006:-

1. SLP (C) No.: 17967 of 2006 - Oberoi Constructions vs State of Maha
2. SLP (C) No.: 18134 of 2006 - Godrej and Boyce vs State of Maha
3. SLP (C) No.: 20542 of 2006 - Nanabhoy - Jeejeebhoy Pvt. Ltd. vs State of Maha
4. SLP (C) No.: 14068 of 2006 - State of Maha vs Runwal Constructions
5. SLP (C) No.: 14072 of 2006 - State of Maha vs Atithi Builders
6. SLP (C) No.: 14073 of 2006 - State of Maha vs HIRWA