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IREF® - Indian Real Estate Forum > Real Estate Open House > General Real Estate Discussion > Breaking News : No further construction on forest land, orders High court
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Old March 24 2008, 09:49 PM   #1
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Exclamation Breaking News : No further construction on forest land, orders High court

Kandivali, Mulund, Thane stretches declared forest land

The Bombay High Court has upheld the state government’s stand on vast stretches of land between Mulund, Borivli, Kandivli in Mumbai and in Thane. It has declared these entire tracts of land along these lands as forest land. It has also dismissed the petition of a large number of developers who were constructing projects on these tracts of land.

They have dismissed the petition. So, this means that projects on over 1,000 acres could be stalled. In fact two years back in 2006, the BMC had issue a stop work notice on these projects. But developers were taking the risk of going ahead with the construction. 5,000 families are currently living in over one lakh apartments in the “declared forest land” zone.

The case started in 1957 when the state forest department had notified around 300 plots of land as forest land. However, the revenue department of the state was not intimated. Meanwhile in 1975, the state government passed the Private Forest Act under which was declared as forest land. However in 2001, an environmental action group passed a petition in the court saying that the state government was not acting upon its own law that is the Private Forest Land Act because it had not claimed the 305 plots that the State forest department had notified. So, in 2006, the state government did file a stop work notice on all these projects.

Now developers and residents plan to appeal to the Supreme Court in order to get some sort of relief.

This could adversely affect ongoing projects on 1,000 acres of land in Kandivalli, Borivalli, Mulund , Bhandup and Ghatkopar . The High Court has also dismissed all petitions of existing housing societies and developers constructing on the land. The Maharashtra government in 2006 had already issued a stop work notice on all construction in these areas.

Now, the legality of homes of over 5,000 families that currently reside on this land and over 150 large projects is under question. Developers such as Godrej Properties, Athithi, Lodha Group, Runwals and Nirmal Lifestyle could be hard hit. However, the fight's not over yet.

Both developers and residents will move the Supreme Court on this issue demanding how the state government can suddenly wake up to an Act that was not implemented for over 50 years.
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Old March 25 2008, 09:57 AM   #2
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One thing is sure that the under construction projects falling under forest land will be stalled and again it will be the general public who will suffer because of all this mess.
 
Old March 25 2008, 10:32 AM   #3
asr
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Default Forest Land

There seems to be a major flaw in the administrative and legal mechanism. Laws cannot be insulated and impractical and passed after 50 years of negligence or changed overnight without any concern as to the impact of the same on people. The repucussions for lakhs of innocent residents and flat owners who have legally and legitimately bought homes with their hard earned money cannot be simply overlooked because the administrative machinery was napping. while protecting forest lands is important, one cannot make scapegoats out of poeple living and working in the city who have right to a home. Mumbai is a commercial centre ever expanding and growing. The living needs of its populace cannot be simply ignored given the lack of availability of residential spaces.

The laws pertianing to forest land should be made clear and advertised specifically so that people are aware and know their position while purchasing any property.

Hope the issue gets resolved sensibly keeping the interests of lakhs of innocent familes in mind.
 
Old March 25 2008, 08:18 PM   #4
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Dear Forum Members,
Are you aware of any official list of property's affected by the above order ?


Best Regards

Hemant
 
Old April 21 2008, 12:35 AM   #5
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Question Only in the Book !!!

This all talk are till the Book. The so called developer will bribe our Babus and convert the same forest to some thing else and Build Construction.
I feel Instead of Cutting new tree and farm land let first Build the construction what ever we alraedy have in our hand, Due to many greedy Citizen the land value gone high. They have just bought and kept idle for many yrs w/o Building them. This situation creates a un-necessary demand in this System. I think our GOVT is planning to rool out some regulation like this.
1. You need to Construc house with in some specified time after a Land purchased
2. Else GOVT is Going aution the same land or sell them with a GOVT rate.

This way the forest/agriculture land will be intact for some more time.
We (India) are one of the Biggest Contributer for the Global Warming.

"The money what ever we are earning/saving we may not be able to pass to our next Generation at all. Save tree save your future."
 
Old April 21 2008, 05:09 PM   #6
amittewari
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its a good decision taken by the Bombay High Court and it was very important to take such type of decion in current seinarieo.
 
Old April 22 2008, 12:23 PM   #7
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Default The law should be clear

To remove all type of confusion it is essential tha the laws pertianing to forest land should be made clear and advertised specifically so that people are aware and know their position while purchasing any property.
 
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