'Gateway For Future Acquisition': PIL in Bombay High Court Seeks Protection Of Mahim National Park From Dharavi Slum Redevelopment Project

The Bombay High Court on Monday asked the Dharavi Slum Rehabilitation Authority to respond to a PIL seeking exclusion of Mahim Nature Park, a protected forest, from the Dharavi Redevelopment Project and the tender issued for it.

While the Authority informed the court that the Nature park wouldn't be 'redeveloped', the court comprising CJ Dipankar Datta and Justice Abhay Ahuja sought a statement on affidavit.

The court was hearing a PIL by NGO Vanashakti and environmentalist Zoru Bathena claiming that the exclusion was an "eye wash," as, according to the tender condition, "excluded land" of the project could be acquired.

"The Petitioners were aware that Mahim Nature Park had originally been included in the Dharavi Redevelopment Project, and that it has subsequently been excluded from the project. It is only on reading the terms and conditions of tender dated 01.10.2022 that the Petitioners learnt that the term 'excluded' was merely an eyewash, hence this Petition," the PIL states.

The petition states that the apprehension is borne out from the tender notice - the plan shows Mahim Nature Park (MNP) within the notified boundary of Dharavi Notified Area (DNA) but as an excluded area. Another plan shows MNP within the DNA boundary, and erroneously describes the MNP as a 'Recreational Open Space'.

Two Government Resolutions, one of 2018 and the second of 2022, show the excluded areas as one of the difficulties in the redevelopment of Dharavi, the petitioner states.

The redevelopment of Dharavi, Asia's biggest slum, has been under consideration for over three decades. However, only recently the Adani Group was declared as the highest bidder for the project.

In 2004 it was decided to develop Dharavi as a comprehensive integrated development project. Mahim Nature Park, which was originally included in the SRA project, is 37 acres and declared a protected forest under sections 29 and 30 of the Indian Forests Act.

Citing certain clauses in the tender notice, the plea states "it is evident that the Respondent State Government is providing a gateway for future acquisition of such land... The fact that the developer gets Transferable Development Rights attached to any such land, and that the same is provided for under the tender document, shows that such "excluded area" is a part of the Redevelopment Project and is therefore liable to be included therein."

The plea points out that according to the RFQ cum RFP, the Draft State Support Agreement allows, "Protected excluded areas that desire to be included in the Project Area, to become part of integrated development to be carried out."

Therefore, the petition seeks for the Nature Park to be 'deleted' from the project once for all.

Case Title: Vanashakti and Anr. versus Dharavi Redevelopment Project Slum Rehabilitation Authority and Ors.

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