The Bombay high court is likely to resume hearing on a public interest litigation challenging the development permission granted by the Brihanmumbai Municipal Corporation on a 23,000sq m plot at Bangur Nagar, Goregaon (W), that was reserved for a recreational ground in the development plan.
In an order delivered about three years ago, a division bench headed by chief justice Mohit Shah restrained the BMC and other authorities concerned from approving or sanctioning any plans or specifications for development or construction on plot 11B, reserved for recreation ground. The court had also restrained Laxmi Asbestos Products (P) Ltd, which plans to develop the plot, from creating any further third party rights.
The directions were given while hearing a PIL filed by the Bangur Nagar Youth Welfare Association. The case is expected to come up again on February 10. The PIL alleged that the residents of Bangur Nagar have been deprived of the compulsory 20% layout recreation ground which they are entitled to and was reserved for the purpose.
According to the PIL, in 1999 the BMC approved the shifting of the recreation ground from the centre of Bangur Nagar to the mangroves to the west of the residential colony. It was only in 2006 that the residents learned about the development permitted on the ground when the developer erected barricades and deployed security guards to prevent people from using the area.
The residents also got to know that the recreation area was marked out on plots RG1, RG2 and RG3 measuring 1369.5sq m, 1,406.2sq m and 17,176.2sq m respectively. Due to this they have lost nearly 3,101.1sq m of recreation area.
The PIL has questioned the conversion of the plot from recreation to residential zone. It has petitioned the court to quash and set aside the decisions by the BMC and restore the original layout.