A division bench of justices Abhay Oka and Prakash Naik observed: "Everything was done under the eyes of the government but yet the government did not do anything to protect its own property."
Citizens on Friday won the fight to protect lakes in Borivli against a private gymkhana and local political leader who in the garb of maintenance took over the state property and illegally built a jogging track and charged fee to enter inside the premises from citizens.
A division bench of justices Abhay Oka and Prakash Naik observed: "Everything was done under the eyes of the government but yet the government did not do anything to protect its own property."
The court, while allowing the Public Interest Litigation filed by two activists Edwin Britto and Meera Kamath, said: "Government/collector should demolish the illegal structure and restore the lake to its original position."
According to the petition, the local MLA Gopal Shetty had in 2008 sought permission for maintaining the two lakes know as 'Eksar lakes'. The revenue department had granted permission for beautification to him by using the MLA funds and maintaining for a period of one year. However, later he sublet the maintenance to Poisar gymkhana which is managed by him.
The petitioners claimed that the two lakes admeasuring area of 3381.60sqmt and 12,929.50sqmt were in illegal possession of Shetty and he had by dumping things caused vanishing of the smaller lake, while illegally constructed a jogging track on the bigger lake and was charging an entry fee and providing boating services.
The petitioners relied on a Supreme Court judgment which states that it is the responsibility of the government and the local body to restore/conserve and maintain lakes/ponds and other water bodies to ensure proper maintenance of ecological balance.
After perusing the facts of the case and judgments relied on by the petitioners, the court observed that "state was under obligation to ensure that the lakes were not polluted. State will have to take immediate action to restore the lakes to their original state. The lake has been beautified using the funds, nevertheless Shetty and the gymkhana cannot claim a right on the lake as it is vested with the state."
The court has allowed Shetty and the gymkhana to apply before the collector for permission to maintain the lake within six weeks from now and if such application is made then it should be decided within four months. Without depending on the decision on the application the government will have to take possession of the lakes and restore them within nine months.
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