Mumbai: The Brihanmumbai Municipal Corporation (BMC) has submitted an affidavit justifying the reclamation of Khajuria Talao at Kandivali (west), converting it into a garden and making construction on it stating that the talao had become a dumping ground and had lost its actual nature. The BMC further stated that a pond and aquarium would be maintained on the reclaimed talao. However, the court has reserved its order in the submissions.
A local resident through a public interest litigation (PIL) had claimed that the talao was a heritage site and was filled at the behest of local politicians, hence sought directions for the talao to be restored.
A division bench of Justices Abhay Oka and Riyaz Chagla was hearing the PIL filed by Pankaj Kotecha, through senior advocate Pradeep Havnur seeking directions to the state and BMC to restore the talao as it was also home to many fishes, turtles and mangroves that were destroyed after the BMC filled it with debris and turned it into a garden. The PIL had also prayed for directions to stay any construction on the reclaimed talao.
The PIL was based on submissions by the state that confirmed that as per the development plan the talao was handed over to BMC for beautification but had been converted into a garden without taking proper permissions. The court had then asked BMC to enumerate the measures it would take to restore the talao.
