On further inquiry, it was revealed that the Brihanmumbai Municipal Corporation had in connivance with political leader Yogesh Sagar had carried out the illegal construction.
An over 100-year-old lake at Kandivali, which was filled up and a garden was built on it, by the Brihanmumbai Municipal Corporation, has been asked to be restored, to its original condition, by the state government within six months, by the Bombay High court, on Friday.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla while allowing a public interest litigation filed by one Pankaj Babulal Kotecha seeking to restore the Khajuria lake popularly known as Khajuria pond said "State being a trustee on behalf of the people is enjoined to protect and preserve the natural resources which would include water bodies such as lakes and allow the public uninterrupted use."
As per the petition in 2012, he read about a news paper report of the lake being filled up and a garden being built on it. On further inquiry, it was revealed that the Brihanmumbai Municipal Corporation had in connivance with political leader Yogesh Sagar had carried out the illegal construction.
Advocate Pradeep Havnur appearing for the petition had argued that the said Khajuria Lake originally belonged to Vithaldas Mathurdas and other heirs of Khimji Vallabdas Trust Estate and was given to them by the Government in return for their land, near old Kandivali Station. Now it belongs to the collector.
It was also said that Khajuria Lake was used for immersing Ganesh idols during Ganesh Festivals. The said Lake also contained various types of rare fish, tortoise and different types of birds used to come to the mangroves existing therein.
The corporation though opposed the plea saying the Collector had given post facto sanction for beautification of the subject plot and its development as a theme park. Further, it was argued that it was necessary to develop the said Lake as the public used to throw garbage in the said Lake and the said Lake had lost its beauty. The civic body had not filled up the entire Lake, but had only beautified the subject plot by keeping the said Lake at the center with aquarium.
The bench after going through the present day pictures, said "We find that what is described by the Corporation as a Lake appears to be only a fountain and the rest of the said Lake has been filled up and converted into a municipal garden." thus its has breached the conditions of the sanction granted by the collector.
Relying on a supreme court order the bench held "We find that the Corporation has illegally constructed on the said Lake by having it filled up. It is thus, necessary in the circumstances of the case to invoke the public trust doctrine and protect the right of the people to the said Lake by ordering its restoration."
IN THE PAST
- The said lake, which was over a hundred years old, was earlier used to immerse Ganesh idols
- It also had exotic fish, tortoise & rare birds that would come to the mangroves
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 "Khajuria lake")
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