High court reprimands TMC, says no to residential complex on open spaces meant for gardens

THANE: Residents of Thane need not worry on decisions made by the civic body or municipal corporations of taking over the open places meant for park or gardens. In an important order, the Bombay High Court rejected the plea of the Thane Municipal Corporation (TMC). "It was essential to follow the town planning and development rules while deciding to change the original use of the plot or to de reserve a plot," argued the petitioners.Chief justice Mohit Shah and Justice M J Vazifdar passed the order in favour of the petitioners.
The verdict brings to a close, a legal tussle between the TMC and the Kharkarali residents near Amruteshwar maidan that witnessed many rounds of litigation going up to the High Court. The residents are elated and have welcomed the decision of the High Court.
The petitioners claimed, "As per the town planning record in 1970, the said plot was earmarked as open space. However, on October 4, 1999, after the TMC forwarded a proposal to the state government, the status of the plot was changed."
They further added that although the government reserved 33 per cent of the plot for open space, the larger portion of the plot was being used for residential use. The High Court reprimanded the TMC for proposing to construct a residential complex on an open plot reserved since 1970.
On behalf of the TMC, senior counsel Ram Apte and advocate M Limaye told the court that the corporation deserved a part of the land to utilise for residential purpose, while 33 per cent of the plot was retained for open space. Advocate Sriram Kulkarni argued on behalf of the petitioners.
It may be recalled that recently the residents of Lodha Paradise Complex protested against the TMC's plan to set up a sewerage pumping station by a token hunger strike. 'Paradise Social and Education Organisation', an organisation formed by the residents of Lodha Paradise Complex, protested outside the TMC headquarters to voice their grievances in February 2010.
The TMC had planned to construct a sewerage pumping station on an open plot close to the complex handed over by Lodha builders for developing amenities in the interest of common man. The plot was originally reserved for a playground but now the construction of a sewerage pumping station has been planned by TMC. Residents felt that the pumping station will affect the health of the residents in the complex and so they demanded that the project be taken outside the residential area.