The court was hearing public interest litigations filed by
social activist Medha Patkar and city residents Kamlakar Satve and Rajendra
Thakkar seeking resumption of 230 acres of land of Powai and Tirandaz villages,
taken over by MMRDA for planned development under PADS.
The main purpose of the scheme was to provide good quality
affordable housing to the middle class population. The petitioners alleged
there was complete breach of a tripartite agreement executed between the state
government, MMRDA and the Hiranandani Group, as power of attorney holders of
the original landholders on November 19, 1986.
According to the agreement, the
developer was to construct tenements admeasuring 40 square metres only in equal
proportion on the land available for construction, and hand over 15 per cent of
the constructed area to state government at Rs135 per square feet.
However, the petitioners alleged, the developer blatantly
breached both these conditions and the officers of the MMRDA and state
government turned a Nelson’s eye towards the violations. The petitioners
alleged the negligence on part of the government officials was of criminal
nature and, had, therefore sought their prosecution.
Though the court has granted the petitioners liberty to
lodge criminal complaints against the concerned persons, the judges have
refused to direct the authorities to initiate criminal proceedings as prayed
for.
The court has now posted the matter for further
hearing next month, when further orders are likely to be passed on the issue.
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