Post by L Roebuck on May 11, 2006 11:49:05 GMT -5
High court moves to protect caves
Express News Service
Mumbai, April 26: Stop and prevent all construction 300 metres from heritage caves in Mumbai. Staying the construction of a building near the Jogeshwari caves, the Bombay High Court on Wednesday issued this directive to the Brihanmumbai Municipal Corporation.
The court issued a stay notice to the builders, Milind Realtors. Hearing a public interest litigation (PIL) filed by civic group Janhit Manch, a division bench of Chief Justice Kshitij Vyas and Justice D Y Chandrachud also directed the state government to provide adequate staff for all the caves in two weeks.
The court directed the Archaeological Survery of India (ASI) to demarcate boundaries around the caves. The local officer of the ASI had written letters to his regional director G Narasimhan in April and August requesting more staff.
The PIL was prompted by a series of Newsline reports in March 2004, highlighting the neglect of the city’s ancient cave complexes at Mahakali (Andheri), Mandapeshwar (Borivali), Jogeshwari and Kanheri (Borivali).
Following the petition the high court, in August 2005, had appointed a committee to inspect all the caves following which they had submitted a report with their recommendations.
Counsel Shiraz Rostamji, amicus curae in the case, told the court that the condition of the Jogeshwari caves was the worst with unauthorised encroachments as well as sewage and storm water leaking through the roof of the caves.
He also told the court about construction going on near Jogeshwari caves and urged it to remove the encroachments. ‘‘The BMC has to reply about the construction,’’ Chandrachud said and directed the civic body to file a reply by June 14.
Asked about the distance between the construction and the cave, Rostamji replied they were unsure about the actual distance, but the committee—Rostamji is also a member of it—will inspect the site on Saturday.
He also said there should be no development within a distance of 100 meters, which is a prohibited zone, and another 200 meters, which is a regulated zone, where any sort of development has to be with the permission of the ASI. However, according to the ASI, no permission has been given for any construction.
‘‘The ASI has to implement most of the committee recommendations. They have implemented a fair amount,’’ Rostamji told Newsline.
Mumbai Newsline
Express News Service
Mumbai, April 26: Stop and prevent all construction 300 metres from heritage caves in Mumbai. Staying the construction of a building near the Jogeshwari caves, the Bombay High Court on Wednesday issued this directive to the Brihanmumbai Municipal Corporation.
The court issued a stay notice to the builders, Milind Realtors. Hearing a public interest litigation (PIL) filed by civic group Janhit Manch, a division bench of Chief Justice Kshitij Vyas and Justice D Y Chandrachud also directed the state government to provide adequate staff for all the caves in two weeks.
The court directed the Archaeological Survery of India (ASI) to demarcate boundaries around the caves. The local officer of the ASI had written letters to his regional director G Narasimhan in April and August requesting more staff.
The PIL was prompted by a series of Newsline reports in March 2004, highlighting the neglect of the city’s ancient cave complexes at Mahakali (Andheri), Mandapeshwar (Borivali), Jogeshwari and Kanheri (Borivali).
Following the petition the high court, in August 2005, had appointed a committee to inspect all the caves following which they had submitted a report with their recommendations.
Counsel Shiraz Rostamji, amicus curae in the case, told the court that the condition of the Jogeshwari caves was the worst with unauthorised encroachments as well as sewage and storm water leaking through the roof of the caves.
He also told the court about construction going on near Jogeshwari caves and urged it to remove the encroachments. ‘‘The BMC has to reply about the construction,’’ Chandrachud said and directed the civic body to file a reply by June 14.
Asked about the distance between the construction and the cave, Rostamji replied they were unsure about the actual distance, but the committee—Rostamji is also a member of it—will inspect the site on Saturday.
He also said there should be no development within a distance of 100 meters, which is a prohibited zone, and another 200 meters, which is a regulated zone, where any sort of development has to be with the permission of the ASI. However, according to the ASI, no permission has been given for any construction.
‘‘The ASI has to implement most of the committee recommendations. They have implemented a fair amount,’’ Rostamji told Newsline.
Mumbai Newsline