"Land in city being developed for various purposes over the years is forest land. Therefore, the developments are technically illegal.”
The decision of the State government to get tough with constructions on about 2,800 hectares of deemed private forest land in the Mumbai and Thane belts will have serious implications for suburbs like Goregaon, Malad, Kandivili, Borivili, Dahisar, Bhandup, Mulund, Ghatkopar, Powai and some parts of Thane.
The DNA had reported yesterday that only one title would be allowed for every 12 hectares of land. Land being owned in excess of that amount would invoke a stiff penalty. Forest Minister Babanrao Pachpute clarified that this was not a Transfer of Developmental Rights (TDR), but the imposition of penalties in order to ensure that forest land is not lost. “We have already submitted an affidavit signed by the Chief Secretary in the Bombay High Court,” said Pachpute.
“Land being developed for various purposes over the years is forest land. Therefore, the developments are technically illegal. In 2005, the Bombay Environment Action Group (BEAG), an NGO, had approached the High Court claiming that the state government was not acting upon the Private Forest Land Act, and urged the court for an appropriate ruling,” he added.
A senior official preferring anonymity said the government believes that the provision could create a potential law and order problem once action is initiated. “We are taking a long hard look at the entire issue while the Central Empowerment Committee (CEC) has been dragging its feet for the last two months. The three-man CEC comprises a retired judge, a former forest conservator and a wildlife expert,” said the official.
He added that in Ulhasnagar, a distant Mumbai suburb, the government can issue an ordinance to “legalise” all developments. But this may put the government at risk of violating the central government’s Forest Conservation Act, 1980, which prohibits development on forest land.
"Land in city being developed for various purposes over the years is forest land. Therefore, the developments are technically illegal.”—Babarao Pachpute, Forest Minister
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