The Bombay High Court on Wednesday observed that the state government is competent to change a zone from Green to Industrial.
The court was hearing a public interest litigation filed by Shetkari Sangarsh Samiti from Pezari village in Alibaug. The state government is acquiring 2500 acre of land in Shahapur village for Maharashtra Energy Generation Limited (MEGL), a subsidiary of Anil Ambani’s Reliance Energy Limited which is proposing a 4000 MW natural gas and coal based plant there.
The locals had strongly opposed the proposal citing CRZ violation and other environmental issues.
The court had earlier directed the state government not to take possession of the 2500 acre land till further orders. Today the petitioners contended that the state government has no power for conversion of land use from green zone II to industrial zone. The land happens to be in G II zone.
Assistant government pleader Pradip Patil, however, submitted that under section 20 (2) of the Maharashtra Regional and Town Planning Act, the state government can change the zoning and in the instant case in the month of August the state government had issued notification in the official gazette inviting objections and suggestions from the interested parties.
“The court accepted the contentions and stated that the earlier order restraining the state from taking possession of land will continue. The state can however go ahead with the acquisition proceedings,” Patil said.
According to Patil, MEGL had obtained the requisite clearance certificate from the Ministry of Environment and Forests. Thereafter, notification was issued in local newspapers under section 4 of the Land Acquisition Act.
Subsequently, the Additional Commissioner, Konkan Division, A D Kale issued notification on November 15 invoking the urgency clause under section 17 (4) of LAA whereby right of public hearing is deprived.
This was followed by numerous protests and morchas by the locals.
The case has been adjourned till November 26. The court had earlier stated that it will not interfere with the process of land acquisition by state authorities.