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Presentation on Status & Solution

Govt of Maharashtra Fatawa-unilateral Order of declaring forest & acquiring thousands of acres developed land of Mumbai - Maharashtra Forest Dept wants possession Result- thousands of Honest Residents in Panic. Presentation on Status & Solution. KIRIT SOMAIYA, Ex-MP

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Presentation on Status & Solution

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  1. Govt of Maharashtra Fatawa-unilateral Order of declaring forest & acquiring thousands of acres developed land of Mumbai - Maharashtra Forest Dept wants possession Result- thousands of Honest Residents in Panic Presentation on Status & Solution KIRIT SOMAIYA,Ex-MP Vice President, BJP Maharasthra 8th March 2006

  2. Forest Laws of 1927-1975 & 1980 • Indian Forest Act of 1927 • Notices of Forest-Revenue Dept 1954 • Bombay Govt Gazette of 1956….. • Maharashtra Pvt Forest(Aquition) Act 1975 • Forest (Concervation) Act 1980 • Petition 17/2002 on private forest land demarcation

  3. Public Interest Petition 2002 • Implementation of forest acts demanded • Identification-demarcation-execution of provisions of private forest land • Forest Dept to complete identification • Revenue Dept to update land records • Collector to get possessions to forest dept • Forest Conservator to protect that land

  4. Districts affected • Mumbai • Thane • Raighad • Pune • Nagar

  5. Areas affected in Mumbai • Mulund (west of lbs road) • Nahur (west of lbs road) • Bhandup-some parts • Vikhroli (west) godrej colonies • Mahul (part of barc, bpcl, hpcl) • Chembur (part of barc, bpcl, hpcl) • Borivali (east of western express highway) • Kandivlai (east of western express highway) • Malad (east of western express highway)

  6. Areas affected in Thane • Wagle Estate • Yeoor • Ghodbundar Road

  7. Areas affected in Raigad • Uran • Turbhe • Neral

  8. Areas affected in Pune • Lonavala • Pune District

  9. Effects in Mumbai • 1000 acres of land (developed-residential) • 20 to 60 years old buildings • Industries and Government offices • Part of BARC, HPCL, BPCL ? • Godrej Colonies (Vikhroli West)

  10. Provisions of Indian Forest Act 1927 • Declaration of Forest • Demarcation & Identification of Forest Boundaries • Definition of Activities in Forest • Protection of Forest • Environment Protection • Balance Development

  11. Provisions of Maharashtra Pvt. Forest Act 1975 • Acquisition of Pvt. Forest Land • Stop further deterioration • Protection of full forest • Take possession of private forest land • Stop release of forest land

  12. Provisions of Forest Conservation Act 1980 • Definition of activities in forest • Clarification regarding non-forest activities • Stopping release of forest land by State Govt. • Conservation of forest land • Environment protection

  13. Chief Secretary’s Order of 2005Update land records of forest land • Order issued under Maharashtra Pvt. Forest Act 1975 • Forest Records of 1954-57 can’t be changed • forest land be released with Union Govt’s permision • Forest Clearance Procedure necessary • Directives of High Court to update forest land records before 31 May 2006

  14. Chief Secretary’s Order of 2005

  15. Circular of Forest Conservator, Mumbai of 20th December 2005 • Issued from Conservator of Forests dt. 20 Dec 05 u/no. 4896 / 2005-06 • Mentioned that the work is to be done on war-footing • Order issued to make necessary changes in the land survey records

  16. Action taken by State Govt. • Directive to find out areas, pieces of land to whom notices were issued during 1954-57. • The land remained in the name of private owners. • Changed it in state govt.’s name • Declared as forest • Possession to forest Department

  17. New corrected 7/12–Land Records • A sample of 7/12 annexed • Entry 5079 included by Tehsildar/ Talati, Mulund on 30th January 2006 • Liable to/under the provision of Maharashtra Private Forest Act

  18. 7/12–Land Records

  19. Chaos, confusion in Government records • Forest/Land Revenue/Govt. do not have proper record • Data of 1954 notices incomplete • Chaos in old record-old survey-new surveys • Property cards changed in haphazard manner in 2006 • Talati/Tehsildar/Forest Officer contradicting each other

  20. Areas affected in Mulund • 21 Survey numbers declared as forest now. • Govt. unilaterally changed the ownership in own name. • Area covers Johnson & Johnson factory, ESIS Hospital, Burroughs Welcome Factory, Hoechst, Swapna Nagri, Mulund Colony, etc. • More than 10,000 housing flats involved. • Area falls between LBS Road and the hills.

  21. Ramifications • Govt Authorities given permissions for Development in last 50 years • More than 1.5 lakh people, 1000 acres of land, i.e. 5 crore sq.ft. area will be disturbed. • Without considering the implications, the State Govt. has changed the records. • This will lead to mass demolition of hundreds of buildings resulting in economic loss of Rs.2,000 Crores.

  22. Aim-Objective & Initiative • Decided to take up the issue as the human cause. • Interaction with the State Govt. & officials • Participation of Environment-Forest Ministry Delhi • To Protect the Honest Residents-Buyers

  23. Private Land Declared Forest by State Govt. – Mulund

  24. Private Land Declared Forest by State Govt. – Mulund (Cont…)

  25. Private Land Declared Forest by State Govt. – VIKHROLI

  26. Private Land Declared Forest by State Govt. – NAHUR

  27. Private Land Declared Forest by State Govt. – MAHUL

  28. Govt owned ESIS Hospital at LBS Road Mulund

  29. Govt owned ESIS Hospital at LBS Road Mulund

  30. Johnson & Johnson Factory at LBS Road Mulund

  31. Rallies now Runwal Infinity-Mulund

  32. Burrough Welcome now Oberoi Towers-Mulund

  33. Rally Wolf now Nirmal ?

  34. Hoechst now Nirmal Life Style-Mulund

  35. Hoechst now Nirmal Life Style-Mulund

  36. Affected Area-Yogi Hill, Swapna Nagari, Mulund (W)

  37. Affected Area-Yogi Hill, Swapna Nagari, Mulund (W)

  38. Action • Interacted with State Govt. Revenue and Forest officials • Detailed discussion with Environment Secretary and officials of GOI • Interaction with environment activists • Detailed presentation to the affected people • Discussion with legal experts • Formation of ‘Action Group’

  39. Suggestions for Solution-Action Plan • Prepare details of affected area people • Economic loss to be calculated • Compilation of facts • Preparation in chronological order of Government action from 1954 to 2006 • Process of permissions, consent given by the Authorities for the development of this land in the last 50 years

  40. Suggestions…. (contd.) • Interaction with Environment Ministry, Govt. of India • Legal advice • Status of so-called forest land (photo feature of development) • State Govt. to approach and appeal in the Court to protect honest, innocent residents and buyers • Deforestation of this developed land • Mujhe Rahne Do – Mera Dosh Kya?

  41. Muze Rahane Do ! • Mera Dosh Kya ? • Meri Raksha Karo • Muze Beghar hone se Bachao • Muze Jine DO ! • Thank You Dr Kirit Somaiya

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