Advocate at HSR | Litigation | Bank legal opinion | Attorney
The Supreme Court has provided major relief to nearly five Lakhs residents of the Bhandup - Mulund- Thane and also the Borivali - Kandivali and also the Sanjay Gandhi park, through a historic judgment. The SC put aside the court Judgment stating that their homes were engineered on forest land.
The SC bench comprised 3 justices – R.M. Loddha, Madan B Lokur and Kurien Joseph. In its judgment the bench ascertained that a tertiary question that arises assuming the controversial lands are forests lands, will the state be allowed to demolish the huge constructions created on that over the half century. Going by the facts and circumstances of the appeals the bench same that their answer to the present question is additionally within the negative. In its attractiveness the BMC had claimed that the flats are made on a land with an extent of 3000 acres that comes underneath the Forest Conservation Act.
The bench more ascertained that gazing the complete case over the decades there have been ton of ups and downs within the judgment passed. Whereas gazing the difficulty from the residents purpose of read, the bench of justice same the businesses and also the residents residing there cannot be censured for complete inaction of the State. The bench conjointly same the complete drawback cannot be looked from the State's perspective. Slamming the regime the court underlined it that it absolutely was state responsibility to confirm laws were enforced with affordable dispatch.
Godrej & Boyce owns more or less 133 acres of land in Vikhroli which will be unbolted for potential development in partnership with Godrej Properties. we have a tendency to have already got exciting plans for development in Vikhroli and this may more enhance the dimensions of development." Adi Godrej, Chairman, Godrej cluster same, "We are happy to notice the favorable judgment of the Supreme Court within the urban center forest land matter.
The Apex Court the order conjointly cleared the decks for developers and residents to travel ahead with their stalled residential, industrial and industrial comes within the space.
The bench judgment terminated by saying "basic principal of fine governance should be followed by each member of the manager Branch of the state all times.