Mumbai Mirror: Mumbai: Sunday,
March 16, 2014.
The takeover
of 18.5 acres of Aarey Milk Colony land in Goregaon by the suburban collector
from Royal Palms developers has been stayed by revenue minister Balasaheb
Thorat and dairy development minister Madhukar Chavan - both from the Congress
using their quasi-judicial powers. In fact, Thorat's stay came on December
18, a day before the suburban collector was to take over the land prior to
giving it to the dairy development department.
The stays
were ordered by Thorat and Chavan in December 2013 despite Royal Palms having
lost all claims for the land at various levels till 2006. The developers' had
wanted the suburban collector to make up a shortfall of 18.5 acres to complete
the 240 acres they had purchased in survey no 169 in Goregaon. The worth of the
land is approximately Rs 5,500 crore.
While
collector V L Gavai gave them the plot in November 1999, this was set aside by
additional divisional commissioner R B Kulkarni in 2000. Kulkarni's decision
was upheld by then revenue minister Shivajirao Patil-Nilangekar in July 2003.
Later, the Bombay High Court in 2006 too set aside Gavai's order.
Responding to
a Right To Information application by Mumbai Mirror requesting information from
the dairy development commissioner in this issue, Aarey CEO Limbaraj Bhosale
who is also the Public Information Officer said stays on return of the land to
the government were issued by Thorat and Chavan.
While Thorat
issued a stay on December 18, 2013, a day before then suburban district
collector Sanjay Deshmukh was to take possession of the land and hand it over
to the dairy development department, Chavan issued a stay on its transfer and
asked dairy development commissioner Y E Kerure to stop proceedings after Royal
Palms applied in written to him on December 6, 2013.
The dispute
has its roots in May 2000, when Royal Palms started constructing a boundary
wall. The then dairy development commissioner appealed to then additional
divisional commissioner (Konkan div) R Kulkarni, the next appellate authority,
and obtained a stay on May 9, 2000. In a hearing on September 4, 2000 Kulkarni
cancelled Gavai's order.
However, the
land demarcations were not done for several years, till 2013, when former chief
secretary Jayant Banthia ordered that the dairy development department must
fence its properties to tackle encroachment, including Aarey Milk Colony. Following
this, the department paid Rs 25.56 lakh to city land survey officer (Vile
Parle), who found that Aarey Colony had lost 18.5 acres.
As per
government procedure, Deshmukh was to ensure that Aarey Colony gets the land,
but Royal Palms raised objections. The developers also wrote to Chavan on
December 6, 2013 alleging the land measurement had been done in a haphazard
manner, and clear details had not been provided in the land survey officer's
report. Royal Palms further said the survey was done with undue haste, and that
their representative was not present when the measurement was done. They also
objected to Aarey Colony constructing a boundary wall.
Thorat and
Chavan told Mirror that they could not recollect having dealt with the case.
"I don't remember much about this case, but the stay has been given by the
revenue department and not me," Chavan said. Mirror has a copy of Royal
Palms's submissions and Chavan's remarks staying the takeover by the suburban
collector.
Thorat said,
"It could be an old case. I don't remember whether I have given a stay or
not. If I have, I will hear everyone and give fair judgement. My judgements are
always upheld by most courts.''
When Mirror
tried to contact Dilawar Nensey, joint managing director, Royal Palms, via
emails and over phone, his spokesperson said Nensey was travelling and would
reply only after his return. On Friday, Nensey replied via email that he would
not be able to comment as the matter is subjudice.
Now, dairy
development commissioner Kerure has written to the secretary, dairy development
in Mantralaya to get the stays vacated.
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