HC raps State for not catering to the displaced living in Mahul

The Bombay High Court on Friday reprimanded the State government for failing to ensure the rehabilitation of 20,000 people who lived near the Tansa pipeline. The court said that it would appoint an expert agency to determine whether Mahul was a fit place for the displaced people to reside.

In 2006, the court had ordered the Brihanmumbai Municipal Corporation to demolish encroachments within 10 metres of the pipeline and the State to rehabilitate the displaced people. The encroachments had endangered the safety of the pipeline supplying water to 1.82 crore residents.

Though the State provided 5,862 tenements in Mahul, the displaced filed petitions in the court complaining about the lack of basic amenities in the area. They said there was just one medical dispensary within one kilometre of the tenements and it “lacks basic infrastructure.” The advocate appearing for Anita Dhole, a Mahul resident, said a public welfare centre in the area was being used to teach children as the school in the locality was under renovation. She said all students from Classes I to VIII were being taught in one common hall at the centre.

On December 18, 2015, the National Green Tribunal, Western Zone, in Pune had passed an order saying there was a threat to the health of Mahul residents due to poor air quality in the area.

On April 27, this year, the court directed the State to inspect the tenements in Mahul and ensure if they were fit to live in. However, the Bench comprising Justices A.S. Oka and Riyaz Chagla came down heavily on the State government for failing to produce a comprehensive report.

Justice Oka said, “The consequence of your inaction is that the illegal encroachments will continue coming up near the pipeline, endangering it. That will put the entire city at risk. It would be better if independent agencies like the IIT and TISS are appointed to look into the matter. In fact, that will free some of the burden of work of the State government’s senior officials.”

The court ordered the government to suggest by June 15 the names of independent agencies that can inspect the tenements.