Wetland & Waterbodies Preservation
Querist :
Anonymous
(Querist) 18 March 2011
This query is : Open
TO WHOM WE HAVE TO APPROACH FOR THE BELOW MATTER
Re; To implement Judgment given by Gujarat High Court on wet land / water bodies Ahmedabad & All Gujarat Ponds & Talavadis to clear slums & encroachment on it and to convert all Talavadi in water pond for water harvesting, water reserve - Not to use for other purpose. This Refers contempt of court by AMC to Lakhudi Talavadi Site High Rise Towers Project situated on road junction of Near Stadium Petrol Pumps / Golden Triangle road coming from Sardar Patel Cricket Stadium Circle, St.Xavier’s Loyola School Road, Naranpura Road, Road coming from stadium circle from Golden Triangle. The sketch attached to see the location.
Lakhudi Talav land area may be approximate: 25000 sq. mtr or more Present Land Cost Rs.1, 20,000/-per sq. mtr for such prime location. Market Value of this land property app. 300 crores.
Judgment Copy attached. Against PIL HC gave judgment on 02-08-2002
By Gujarat High Court Bench comprising of Justice R K Abhichandani who took place of Justice B C Patel & Justice D A Mehta
This verdict ordered the Govt. to
1. Notify all lakes & ponds within the states to preserve them as it is
2. To remove encroachments and facilitate rehabilitation as per the existing norms & other order
We are residents of the above area. Since many years on Lakhudi Talavadi property owned by AMC there is slum hutments. As per Judgment given by HC, the judgment copy attached herewith and also it is heard that the same judgment is approved & held by SC. Referred to as to save Urban Wetlands / Water bodies many judgments available of SC. Published by Centre For Science & Environment, New Delhi.
Reference to this judgment Chandola Talav, Naroda Talavadi, Vastrapur Talav, Malav Talav , Ghodasar Talav all these has been developed by water pond & gardens since long back . While Lakhudi Talavadi still there is slum dwellers. No move from AMC to implement HC judgment after this judgment. Instead AMC going for High Rise Towers Project on this site.
Surprisingly, recently few days’ back Hoardings are put on this Lakhudi Slum Site: Developer M A Corporation Project Name ‘AVAS’ / ‘NIVAS’ of High Rise Towers by some Builder Party. Here definitely, it is hand in globes of AMC for voting / political gain or other vested interest with builders / land grabbers whatsoever .When all Talavadis are developing according to HC / SC judgment why such High Rise Buildings Towers Project is approved and to be carried out by AMC ? This is big question & surprise to the residents of this locality.
We are not legal professional persons; we request your goodselves to look in to the matter immediately. We smell rat in this. Yourselves already aware that land grabbing / selling of Govt. property by throw away prices to builders is rampant. Adarsh Mumbai & other land scams already have surfaced recently. Questions arise how & why AMC authorities allowed Towers multi storey on this Lakhudi site?
When there is clear HC / SC order as mentioned above accordingly to develop Lakhudi as Talav and to remove encroachment on this site.
It seems, it is clear Contempt of Court by AMC as how such Big Buildings High Rise Towers Project approved & consented by AMC on Lakhudi Site on such a big land overlooking & ignoring SC / HC Judgment? It is not a small matter & issue. This dubious activity for this project must be going on since long time to go for such illegal project on Lakhudi ignoring judgment.
We once again request to immediately take up this matter legally whatever possible way and to find out about this development & status on Lakhudi Talav Property. Your goodselves have vide powers and if you wish you can HC can file PIL for this or can go for contempt of court.
We believe Consent of such High Rise Tower Project by AMC is illegal & leads to contempt of court. It seems malafied vested interest involved in this Tower Project .AMC should go for water pond & garden as per law & HC judgment removing encroachment on site.
Please look in to matter and request your immediate legal action & investigation to find out facts & status of Lakhudi to enforce the HC & SC judgments for Lakhudi Talav Property accordingly. Please pardon us if the language / matter not presented in proper legal format.
Recently HC has called concern parties of Dhandhuka Town Ahmedabad District against PIL, the parties have built buildings on Talav which was illegal & lead to contempt of court. News Paper report / cutting attached here with.
Also in Andhra Pradesh the construction of 2500 MW power plant construction work has been stopped as the power plant site is wet land / water bodies. Ministry of forest & environment has stopped the construction.
Request for urgent legal action, and to order AMC for immediate removal of encroachment on Lakhudi site and to implement preservation of wet land by making it Pond & garden. For your kind information, hutments dwellers on Lakhudi have been allotted slums quarters long back by AMC to other locations but no body has shifted there instead they have sold of or given on rental.
YOUR ADVISE APPRECIATED
