PIL seeks restoration of pond turned into garden
After hearing the submissions and perusing the affidavit, the court asked the BMC to enumerate measures to rectify the changed status of the pond.
Mumbai: The Bombay high court has asked the BMC what steps it proposes to take in response to a plea to restore a talao at Kandivali that was filled with debris, reclaimed and converted into a garden. The Khajuria talao which had been under the state was handed over to the BMC for beautification in 2007 but the civic body filled it with debris, prompting residents to file a PIL seeking its restoration.
A division bench of Justices Abhay Oka and Riyaz Chagla was hearing a PIL filed by Kandivali resident and social activist, Pakaj Kotecha, praying for directions to the state and BMC to restore the Khajuria talao, which was a heritage site housing exotic fish, turtles and mangroves before it was filled with debris and converted into a garden with active involvement of local politicians.
The PIL, filed through senior advocate Pradeep Havnur along with advocate Radhika Samant, informed the court that affidavits filed by the state, talati and collector amply proved that the garden was illegal and that the BMC had not taken any permission to convert the talao into a garden. Referring to the affidavit filed by the state, the petitioner reiterated that the pond was handed over to the BMC for beautification purposes however the civic body turned it into a garden at a cost of '5.9 crores in 2011.
After hearing the submissions and perusing the affidavit, the court asked the BMC to enumerate measures to rectify the changed status of the pond.