Shri Zhahid Ali S. Haque and Ors. Vs. Respondent: State of Maharashtra and ors.

The present Petition, arises out of the rejection of the objection put forth by the Petitioners, occupants of structures situated on slum area (plot bearing City Survey Nos. 13, 17, 19, 24, 27, 29, 30, 33, Golibar, Santacruz (East), Mumbai), to stop the further development work on the plot, as is being undertaken by the Respondent No. 10., after the Competent Authority has approved the proposal submitted for Slum Rehabilitation Scheme in relation to total area of plot admeasuring 112582.02 sq.mtrs., so as to accommodate the eligible slum dwellers in the Rehabilitation Scheme. The challenge was on the ground that no construction activity or for that matter demolition of the existing structures can be proceeded with in absence of prior environmental clearance, as per the Environment Impact Assessment Notification No. S.O. 60 (E) dated 27th January 1994 read with amendment Notification dated 7th July 2004, issued by the Ministry of Environment and Forests (MoEF) (Respondent No. 3), under the provisions of the Environment (Protection) Act, 1986. the respondent developer has stated that the State Expert Appraisal Committee (SEAC) has recommended the grant of the said clearance. In the judge view, the appellants should have no problem in vacating their structures and shifting to the transit accommodation or else in accepting the option of rent as extended by the respondent developer in lieu of transit accommodation. The respondent developer is also ready to provide transit accommodation or rent to the ineligible appellants also till the time their eligibility gets decided. As far as the question of environmental clearance is concerned the concerned authority i.e. SEIAA is already seized of the matter and has already referred the representation of the appellants to the SRA for confirmation. Therefore the Competent Authority is directed to first ascertain the availability of the environmental clearance to the SRS from the concerned authority. If the environmental clearance is available, the Competent Authority shall give 7 days notice to the appellants to vacate their structures and if on receipt of the said notice, the appellants fail to comply the directions, the Competent Authority shall be free to take further necessary action as per the impugned order. For the above reasons, this Writ Petition is partly allowed. The opinion recorded by the Administrator (Respondent No. 2) in his decision dated 11th September 2009 is upheld. The eviction notice issued by the Executive Engineer (Respondent No. 6) dated 29th September 2009 is however set aside, with liberty to the Respondent No. 6 to issue fresh notice to the concerned Petitioners in accordance with law only after recording its satisfaction about the fact that environmental clearance from the appropriate Authority in respect of the subject project is in force.