Dharavi Project | When Development Plan Shows It As Nature Park, No Other Activity Permitted: Bombay High Court On Mahim Nature Park

The Bombay High Court on Monday observed that the Mahim Nature Park (MNP) cannot be exploited for development so long as it is reserved as a "Nature Park" in the Development Plan.

"So long as the Development Plan shows it as a Nature Park, no other activity can be carried out," the court said.

The division bench headed by ACJ SV Gangapurwala disposed of a PIL filed by NGO Vanashakti and activist Zoru Bhathena after the Deputy Collector and Special Land Acquisition officer clarified that the Nature Park has been excluded from the Dharavi Redevelopment project.

"The affidavit specifically and succinctly states that Mahim Nature Park (MNP) is excluded from the DRP and same is not going to be developed under the project. MNP is shown as reserved for the Nature park in the Development Plan and there cannot be any other usage so long as the development plan stands. The same certainly cannot be developed for any other purposes" the court said in its order," the court noted in the order.

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.

The petitioners represented by Senior Advocate Gayatri Singh claimed that the exclusion was an "eye wash" as, according to the tender condition, "excluded land" of the project could be acquired.

Singh submitted that while MNP is an "excluded area" under the project, it is a part of 'Dharavi Notified Area." According to the tender document, there can be future acquisition of the excluded portion provided any excluded area is desired to be included with the permission of DRT.

However, since MNP is a notified forest, there was no question of including it in the Dharavi Notified Area, the plea argued. 

During the previous hearing, the court had directed the authority to clarify if MNP will be part of the project or not.

"It is humbly repeated and reiterated that the Mahim Nature Park is excluded from the Dharavi Redevelopment Project (DRP) and the same is not a part of the DRP and hence the Mahim Nature Park is not going to be developed under Dharavi redevelopment Project," the authority represented by Senior Advocate Milind Sathe said in the affidavit.

The petition stated 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 Dharavi Notified Area 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 plea stated.

After perusing the affidavit, the court opined that it was amply clear, so long as the MNP was part of the DP Plan as a Nature park, it couldn't be redeveloped.

While the petitioner also requested the court to clarify that the MNP shouldn't be used for computing Transferable Development Rights and giving additional area to the developer, the court did not find it necessary to do so.

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

Citation: 2023 LiveLaw (Bom) 3