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Govt of Maharashtra Fatawa-unilateral Order of declaring forest & acquiring thousands of acres developed land of Mumbai

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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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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

forest laws of 1927 1975 1980
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
public interest petition 2002
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
districts affected
Districts affected
  • Mumbai
  • Thane
  • Raighad
  • Pune
  • Nagar
areas affected in mumbai
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)
areas affected in thane
Areas affected in Thane
  • Wagle Estate
  • Yeoor
  • Ghodbundar Road
areas affected in pune
Areas affected in Pune
  • Lonavala
  • Pune District
effects in mumbai
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)
provisions of indian forest act 1927
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
provisions of maharashtra pvt forest act 1975
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
provisions of forest conservation act 1980
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
chief secretary s order of 2005 update land records of forest land
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
circular of forest conservator mumbai of 20 th december 2005
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
action taken by state govt
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
new corrected 7 12 land records
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
chaos confusion in government records
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
areas affected in mulund
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.
ramifications
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.
aim objective initiative
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
action
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’
suggestions for solution action plan
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
suggestions contd
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?
muze rahane do
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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