[sustran] FW: Stay Order Against Mumbai-Pune Expressway

[SUSTRAN Resource Centre]

Forwarded news from India. 

-----Original Message-----
From:	Sujit Patwardhan [SMTP:sujit at vsnl.com]
Sent:	Wednesday, December 23, 1998 2:33 AM 
Subject:	Stay Order Against Mumbai-Pune Expressway

22 December 1998

Dear Friends,

MUMBAI HIGH COURT ADMITS WRIT PETITION, RESTRAINS THE STATE GOVERNMENT AND
MSRDC FROM FURTHER ACQUISITION AND DISPLACEMENT OF TRIBALS AND VILLAGERS
AFFECTED BY THE CONTROVERSIAL MUMBAI PUNE EXPRESSWAY, TILL THE PENDENCY AND
FINAL DISPOSAL OF THE CASE
===================================================================

Some weeks back I had sent you a copy of my letter  to the Times of India
in response to an article in that paper:- "Expressway threatens to run over
Katkari tribals" by Gunavanthi Balaram, Monday 16th November 1998. The
Times did not print my letter but I did got several responses from friends. 

I am happy to say that Hon High Court Bombay has recently admitted a Writ
Petition filed by several NGOs and affected villagers,  opposing the land
acquisition for the Mega City Project (part of the Expressway) on the
grounds that the Government had not followed proper procedures in taking
over the land from tribals and villagers in Tembhri, Pansheel, Kombivili
and seven other villages affected under the project. 

The High court has stayed further acquisition of land pending hearing and
final disposal of the petition. The court has also restrained the
respondents:- Maharashtra Government and the Maharashtra State Road
Development Corporation (MSRDC) from evicting, affecting blasting,
interfering in any manner with the possession and occupation of the persons
residing in Tembhri Katkariwadi, Sarang Katkariwadi, Kopri Katkariwadi,
Kombivili Katkariwadi, Ambemal Katkariwadi, Pansheel Katkariwadi, Lodhivili
Katkariwadi, Asroti Katkariwadi, Dharni Katkariwadi, Asrachi Katkariwadi,
Budhawada (SC), Rohidaswada - Sarang, Bhudhawada - Tupgaon, Budhawada -
Asroti, Tembhri Budhawada in Khalapur taluka, District Raigad.

Unfortunately MSRDC, the principal agency in this project and the
Maharashtra Government have avoided giving any information, documents etc
to NGOs and citizens despite repeated requests made from time to time. The
admission of the Writ Petition vindicates those who have been opposing the
project and demanding more transparency and openness from the Government.
Illegal taking-over of tribal lands and forcible eviction of villagers
without following legal procedure are just two of the many reasons why the
project should be opposed. There are many more objections:- economic,
technical and social for challenging this Rs. 2,000 crore project which
will be another white elephant around the neck of the citizens. But without
strong public pressure, the planners and propagators of the plan will
continue to hide all the important facts and give out mis-information
(justifying the expressway) to the gullible public.

NGOs and individuals working for the environment cannot make much headway
until they press for their "right to know" which is guaranteed by our
constitution.  Otherwise we will always be playing the role of fire fighters. 

I therefore feel that we should start a campaign through this forum for
"The Right to Information". All NGOs (whatever their area of
specialisation) have found this to be a major hurdle, but so far we have
not taken it up as a high priority campaign. 

Any concrete ideas (specially from the legally knowledgeable) on how we
should proceed?

--Sujit 

--
Sujit Patwardhan
sujit at vsnl.com
--------------------------------------
PARISAR, 
Yamuna, ICS Colony, Ganeshkhind Road, Pune 411 007
Tel: 327955

*****************************************************************
"In nature there are neither Rewards nor Punishments--- 
there are Consequences."
*****************************************************************