Mumbai: The Bombay High Court on Wednesday asked Mumbai Metro Rail Corporation Limited (MMRCL) if it has statutory powers to displace people for the Metro 3 project.
A Division Bench of Justices Abhay Oka and Riyaz Chagla was hearing a petition filed by five members of Kokna tribal community who have been living in the Prajapur Adivasi Pada or hamlet of Aarey Colony since the pre-Independence era. Their petition said they “are aggrieved by being termed as slum dwellers and by their forced rehabilitation into SRA buildings.” It also said Mumbai Metro Rail Corporation Limited is demolishing tribal houses and destroying tribal lands in Prajapur Pada, adding at least 61 tribals have been forcefully evicted and 302 households demolished.
In 2010, the Aarey Administration Department refused to issue land receipts to these tribals. On March 3, 2014, the Urban Development Department issued a government resolution granting approval for the Mumbai Metro 3 corridor. Soon, notices were issued to these tribals that their lands and houses were to be demolished for the implementation of the Metro corridor.
In January 2015, there was a representation from the tribals stating that they were in possession of the lands at Prajapur Pada, much before the formation of Aarey Colony. In August, the National Green Tribunal directed all State authorities to maintain status quo in the Aarey Colony and said no further construction permission or no-objection certificates were to be granted, in a matter filed by non-governmental organisation Vanashakti for identifying and declaring Aarey Colony as a forest.
In March 2016, the Bombay High Court also ordered that the tribals in Aarey should not be evicted. In 2017, MMRCL issued a public notice which again referred to the houses of Prajapur Pada as ‘slums’ in ‘Sariput Nagar’, and said huts in the area will be demolished.
The court recorded the MMRCL counsel’s statement saying no further eviction will take place in Aarey and also questioned the organisation on whether it has the statutory powers to displace people. It posted the matter for further hearing in July.
