HC seeks govt reply on Oshiwara plots

Mumbai: The Bombay high court on Wednesday directed the state government to reply to a public interest litigation challenging allotmentof land by Maharashtra Housing and Area Development Authority (Mhada) to a private trust for constructing an international school. 
    A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar were hearing a petition filed by Oshiwara Lokhandwala Citizens Association regarding two plots—a 2,160 sq m plot reserved for a municipal primary school and a 3,850 sq m plot reserved for a playground. 
    The petition said in 2001, the residents approached Mhada for taking possession of the open plot. However, they subsequently learnt that the state government, in January 2002, had directed Mhada to allot both the plots to Janta Education Society. Mhada issued an allotment letter to the trust on December 21, 2002. On July 9, 2007 Mhada repliedto a resident's query stating that both the plots were leased in August 2008 to the trust for 30 years. The BMC issued commencement certificate to the trust in April 2012. 
    The residents association moved the HC saying their access to the playground, which they enjoyed for years, has been stopped. It urged the court to halt construction of the international school and to direct the playground to be restored to its original condition. "Both the plots are reserved. The playground is for the residents of the area and it cannot be made into private playground," said their advocate Mihir Desai. He said the trust has constructed a garden on a small portion of the ground. "They have put up a notice board saying it can be used from 5am to 6am and for two hours in the evening,'' said Desai. 
    Additional government pleader G W Mattos said the government has power to allot the land. "It was allotted in 2002. The lease deed was executed in 2008. In a PIL, they want cancellation of the lease deed," he objected. 
    The trust's counsel Ravi Kadam said the playground has been beautified and produced photographs showing it. He sought time to file a reply to deal with issues raised in the petition. Directing the state government to file its affidavit, the judges posted the hearing after four weeks.