Legal experts say the residents have full rights to approach the court.
Irked over the Maharashtra government and the civic body for not involving them in a decision that could alter their lives, a group of Marine Drive residents have decided to take the matter to court.
The state government is actively pushing UNESCO to declare the Marine Drive precinct as a World Heritage Site. If that indeed happened, thousands of residents will lose their right to redevelop and rebuild their homes. The residents are angry that the State and the BMC did not even seek their opinion before inviting a UNESCO representation for the inspection.
"We get to know of these developments through media. We were never told about it, nor did anyone seek our opinion. We will challenge this move in Bombay High Court and if needed, we will also file an intervention application in the Supreme Court where the issue is being heard," said Advocate Ashok Goel who stays in Aryan Mahal, one of the many old buildings on Marine Drive.
Kanwal Shahpuri, another Marine Drive resident, has started an awareness campaign in the area and sent out letters to 480 neighbours seeking their opinion on the redevelopment issue. "I got back about 400 letters and barring one or two, almost everyone wants redevelopment. How can they deny us our right to redevelop, if our building needs it?" he asked.
Several residents are scared that if the area is declared a World Heritage Site, they won't be able to carry out even basic repairs, let alone reconstruct their buildings. "Yes it's an iconic spot, but imagine a Marine Drive with old shabby buildings," said a resident.
Meanwhile, legal experts say the residents have full rights to approach the court. Advocate Vinod Sampat, who deals mostly in matters relating to housing societies, said, "An intervention application in the court helps most of the times as it brings to the fore facts that aren't known."
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