Want forest land flat regularised ? SLP will help

Source:TNN, Apr 22, 2010, 03.42am IST

MUMBAI: Residents of Kandivli, Borivli and Thane—whose flats are in buildings situated on forest land—can now get their houses regularised by intervening in the Special Leave Petition (SLP) filed by the Hillside Residents Welfare Association (Hirwa) in the Supreme Court.

It was on Hirwa’s petition that the apex court recently directed the residents of Mulund and Nahur to pay the Net Present Value (NPV) as “penalty’’ to the forest department and get their flats regularised. The 4.5 lakh affected residents have already paid the NPV in the past two months, and the state government will be submitting the list to the ministry of environment & forests (MoEF) for a final clearance.

Hirwa’s petitioner Prakash Padikkal told TOI: “It is just a matter of time before the MoEF gives us clearance. But what is important is the fact that we have got relief for several flat owners staying on forest land in Mulund and Nahur.’’ He stated that the SC judgment would not be applicable to those who stayed in other areas like Thane, Kandivli and Borivli unless these residents come together as a group and intervene in the SLP.

“We are willing to help all residents of Mumbai and Thane who are affected by the forest land case,’’ he said. “After they intervene in our petition, we can also provide them with legal guidance.’’ He said that it would be “wise’’ for other residents to pay the NPV at this juncture. “Since the forest department is in the process of sending a list to the MOEF, they should hurry up and initiate the process for getting their flats regularised,’’ he said.

Co-petitioner Anmol Bhushan from the People’s Power of Nation (PPN) said that since the apex court has ordered residents to pay the NPV, half the battle is won. “The MoEF will now decide whether the land should continue as private forest or be dereserved,’’ he stated.

A resident from Swapna Nagari Society said, “Why are we made to pay penalty for no fault of ours? The government had goofed up and allowed constructions for so many years, and now innocent flat owners have to pay a price.’’

Padikkal said there was no option, but to accept the court verdict. “Some residents complained to me about the NPV payment. But if we challenge the court order, it will take years for another decision. Since we have a favourable verdict, we should pay the penalty and hope for the flats to get regularised at the earliest,’’ he said.