Hutments near Tansa to be demolished ahead of rains

The Bombay High Court has directed 392 hutment dwellers situated within 10-metre radius of Tansa water pipeline to immediately vacate the area and allow the Brihanmumbai Municipal Corporation (BMC) to carry out demolition work before the monsoon begins.

The vacation bench of Justice Ajey Gadkari and Justice CV Bhadang, dismissed the petition filed by one Maruti Salaskar, who claimed that he was filing the plea in a representative capacity for himself and 390, similarly situated persons. The bench said, "Petitioner with a view to take further undue advantage has filed the present petition in his alleged representative capacity on behalf of other hutment dwellers. We are of the considered opinion that the present petition is not a bonafide petition."

Salaskar had claimed that the notice issued to him by the corporation to vacate the hutment was illegal, as his premise did not fall within the 10-metre radius. However, the corporation through advocate Geeta Jogalekara informed the court that, "Petitioner has been found as affected occupant near the said pipeline. He has been allotted an alternate accommodation, being project affected person."

The corporation also informed the court that in an earlier Public Interest litigation filed and orders pronounced in 2009, to ensure the safety on account of health and security Mumbai, a Committee headed by the Chief Secretary of the state government was appointed. Its role was to apprise this court about possible steps to be taken for safety and health of people of Mumbai.

The committee chalked out a plan by which the hutments who have encroached the adjoining land to the pipelines will be removed by 2015 and the eligible encroachers would be rehabilitated. This was accepted by the court, noting the context of security of the country and also of Mumbai, which has experienced some of the worst terror attacks in recent past.

The corporation should assess the encroachers and take action according to law, the court said, "The petitioner has already been assessed as an eligible project affected person and has been allotted an alternate accommodation."

SAFETY MEASURE

• Hutment dwellers within 10-metre radius of the Tansa water pipeline have been asked to vacate before the monsoon begins.
   
• This was undertaken keeping in mind the safety and health of the locals.