The plot near Aarey Colony that caught fire earlier this month is one of the several in the city to benefit from the new Development Plan.
The plot was categorised as a ‘no development zone’ (NDZ) in the 1991 DP. However, in the new DP, all NDZs have been marked as ‘special development zone’, throwing them open for construction. Activists asked if that could be the reason the plot was ‘set on fire’. Interestingly, the plot is a part of the 400-acre disputed land that is under litigation between the Wadias and the Rahejas, estimated to be around ₹60,000 crore. The matter is pending in the High Court.
The massive fire that broke out on the 200-odd acre plot near Aarey Colony on December 3 was doused only the next morning.
The plot is owned by the estate of E.F. Dinshaw, and Nusli Wadia is its sole administrator. In 1995, Mr. Wadia entered into a development agreement with Gopal Raheja through his development company, Ferani Hotels Pvt. Ltd. (K. Raheja Construction). The agreement was to develop the land spread across Malad and the Wadia Trust would get 12% of the sale’s proceeds. However, there was a fallout between the two companies.
The Wadia Trust accused K. Raheja of cheating and filed a criminal case and K. Raheja filed a civil suit against the Trust. Both cases are in court. According to the Wadia Trust, the agreement stands terminated. However, the matter is under dispute. The plot that caught fire is part of the litigation.
The plot’s reservation has been changed from NDZ to SDZ in the new DP (excluded part). The reservation of 2,100 hectares out of city’s 3,355 hectares has been changed from NDZs to SDZs. “NDZs were not meant to be locked away forever” was the reason given for the move. SDZs allow an owner’s share to be 34%, while 50% is set aside for affordable housing and open spaces. If owner develops the land and hands it over to the BMC, he is entitled to FSI benefits. The change was made part of the Excluded Plan and objections were called. The new EP was sanctioned recently.
Pankaj Joshi, director, Urban Design Research Institute, who has studied the DP closely, said, “Among the many private land owners to make windfall gains out of this move are the owners and occupiers of this plot. These fires are not California fires… Under the old DP, on NDZs, you could get a meagre FSI of 0.02. However, the new DP allows for an FSI anywhere between 2 and 4. In fact, you don’t even have to contribute to affordable housing or open space if you build certain technical institutes... The owners will make windfall gains out of it. The list of beneficiaries is very long. You might see more fires…”
Activist Zoru Bhathena said, “This is definitely suspicious. The fire brigade’s report says there have been 29 fires on this land since 2007. This plot is near the SGNP, Aarey... If you leave it like that, a forest will grow there. The moment trees grow a little, the plot is set on fire. According to the law, if there is a forest on private land, the government takes it over. It issues a notice and then it automatically becomes NDZ.”
‘Deliberate fires’
Even if there is no declared forest, the owner will need the tree authority’s permission to cut trees. D. Stalin, director of Vanashakti, said, “The fires on this plot have been going on for 10 years. The purpose is to burn any growth there. Is it a miracle that one side of the hill has vegetation, while the other side is barren? The Oshiwara river originates here. If a forest comes up here, it will become a part of SGNP. It is curious that this plot has been left out of the Eco Sensitive Zone. This is a sham.”
K. Raheja Construction officials on condition of anonymity said, “What do we have to benefit from setting this area on fire? The new DP’s scheme is not feasible to any developer. No development is affordable here. The existing IT park found no takers.” The officers said the matter is under litigation but there is no stay preventing them from developing the land. There was no official response to the emails sent to K. Raheja Construction.
A Wadia Trust spokesperson confirmed the plot is a part of the disputed property. “The Administrator has terminated the development agreement and this plot is part of the litigation, which is pending before the Bombay High Court.” The spokesperson said the matter was sub judice and offered no comments on the allegation by activists that the plot was purposely set on fire.
