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15. It is claimed that on 16th March, 2016, the first respondent issued a resolution, under which, 30 hectares of land plus additional 3 hectares at Aarey Depot is sought to be transferred to the fourth respondent for metro car depot and commercial use. Exhibit "H" to the writ petition is a copy of the original Government Resolution dated 16th March, 2016, whereas, Exhibit "H-1" is its English translation. The petitioners placed reliance on a final notification issued by the Ministry of Environment and Forest, Government of India dated 6th December, 2016 notifying the area around Sanjay Gandhi National Park as Eco-Sensitive Zone, including the area of Aarey Milk Colony. A press release in that regard dated 6th December, 2016 is referred to and a copy thereof is annexed as Exhibit "I". On 30th December, 2016, the first respondent approved the modified depot layout-1 at Aarey as proposed by respondent no. 4 subject to fulfillment of certain J.V.Salunke,PA Judgment-WPL.2766.2017.doc conditions. On 29th December, 2016, the first respondent issued a notice inviting objections/suggestions to their proposal to change the reservation in the 1991 Development Plan pertaining to the said land at Aarey from No-Development Zone to Metro Car Depot/Workshop, allied users and Commercial (C-1) Zone. Exhibit "K" is a copy of this notice with plan. It is claimed that concerned citizens/residents filed their objection to this notice before the second respondent and there were personal hearings held. On 21st July, 2017, the second respondent forwarded a report, in which, he recorded that 2382 objections were received against the proposal to convert the land at Aarey Depot from No- Development Zone to Metro Car-shed (C-1) Zone. It is claimed that thereafter, a press release was issued by the fourth respondent on 29th June, 2017 informing that they have issued a work order for Aarey Car Depot. Thus, they proceeded without the notifications in that behalf being issued and on a presumption that the change in reservation is bound to be granted. Then, there was another notice issued to the public on 24 th June, 2017 proposing to cut 49 trees on the three hectares at Aarey Depot. In paragraph XVII of this petition, the petitioners allege as under:-

27. There is an additional affidavit of Mr. Sanjay Shantaram Banait, Deputy Director of Town Planning, filed on behalf of the State and prior thereto, there is an additional affidavit affirmed on 19th March, 2018 of the fourth respondent. In the additional affidavit, it is claimed that Aarey Milk Colony land admeasures 1287 Hectares and it is situated adjacent to Jogeshwari Vikhroli Link Road (JVLR). The affidavit of the State dated 17 th February, 2016 filed before the National Green Tribunal confirms that Aarey Milk Colony has not been recognised and notified/identified as forest land in any record. By a draft notification dated 22nd January, 2016, for the first time, this Milk Colony was proposed to J.V.Salunke,PA Judgment-WPL.2766.2017.doc be included within the Eco-sensitive Zone of Sanjay Gandhi National Park. However, the expert committee, which has been constituted for declaration of Eco-sensitive Zones unanimously resolved that the area of 165 hectares of the said land, which includes the land proposed to be allotted for metro depot, should not be included within the Eco-sensitive Zone and accordingly, the final notification dated 6th December, 2016 did not include this land of the Aarey Milk Colony in the notified Eco-sensitive Zone. Then, it is claimed that within the colony, there are several cattle sheds, many of which are abutted by large grazing grounds. A sizable portion of the area has also been allotted by the authorities to the cattle owners as grazing land. There are school buildings, police wireless station, hospitals, godowns, salt breaking unit, factories, general stores, a Reliance Energy Sub Station and a concrete manufacturing plant. The Konkan Krishi Vidyapeeth is located in the Aarey Milk Colony area. There is also a boiler house, central dairy building and garages located within the Aarey Milk Colony. The Mahananda Dairy Factory and staff quarters of this dairy are also located in the Aarey Milk Colony area. There are several external roads passing through the Aarey Milk Colony land area. It is claimed that the plot, which has been allotted for the metro car depot is located in the extreme southern end of the Aarey Milk Colony area and is located on its J.V.Salunke,PA Judgment-WPL.2766.2017.doc southern periphery. It is in the vicinity of the busy JVLR, the Marol-Maroshi Road and the Aarey-Powai Road. The JVLR is one of the busiest roads of the city and links the central suburbs with the western suburbs and further feed traffic for the domestic and international airports. The metro plot is adjoining land presently occupied by an electric sub-station and training centre of Reliance Energy and a plot of land which was being used by Ready Mix Concrete Manufacturing plant. The plot is surrounded on three sides by roads on which there is significant vehicular traffic. The depot plot is not located in any core green area nor is it completely covered with trees. A major part of the plot was grasslands, which was being used as a grazing ground for cattle housed in the vicinity. These facts have been recorded in the report of the Technical Committee and even in the dissenting note. The metro depot area has been delineated in brown hatched lines upon the map prepared by the authorities of Aarey Colony Division and all of them have recorded that this can be utilised for construction of the car depot. The decision to construct this depot on the said Aarey Milk Colony has been taken after detailed deliberation at every level. There have been consultations and deliberations as well.

49. On 2nd August, 2017, the Municipal Corporation submitted the Draft Development Plan to the State Government for sanction under section 30(1) of the MRTP Act and on 9 th November, 2017, this Draft Development Plan has been sanctioned by the State Government.

50. It is submitted by Mr. Kumbhakoni that in view of the above, it is evident that the second proviso to section 31(1) of the MRTP Act does not apply in this case. Neither eventualities, as set out therein, come into play. After inviting our attention to sections 26, 28 and 31(1), the learned Advocate General would submit that there is no illegality or infirmity in the notification dated 9 th November, 2017. It is in these circumstances that the first notification, which is also challenged, would not survive. That deletes 33 hectares at Aarey from No-Development Zone and J.V.Salunke,PA Judgment-WPL.2766.2017.doc reserves it for metro car depot and allied facilities in the Development Plan-1991. Mr. Kumbhakoni was at pains to point out that the property in issue is not a part of the Sanjay Gandhi National Park. Without prejudice to this submission, he would submit that only a proposal for inclusion of the property in issue in the Sanjay Gandhi National Park is made. Mr. Kumbhakoni relying upon the note prepared at page 7, handed over by the petitioners, urged that the petitioners themselves admits that prior to the final notification dated 6th December, 2016, a draft notification issued by the Ministry of Environment and Forest dated 22nd January, 2016 proposed to declare the entire area of Aarey Colony as Eco-sensitive Zone. However, that has not been accepted as is evident from the final notification dated 6 th December, 2016 of the Ministry of Environment and Forest. In these circumstances, it is futile to urge that the subject area is a forest. It is neither forest nor it falls in Eco-sensitive Zone. Mr.Kumbhakoni has taken us through the observations of this court made in its order dated 5th May, 2017 in Writ Petition No. 814 of 2017 to urge that metro project is a very vital project. It is a project of considerable public importance for a metropolitan city like Mumbai. Mr. Kumbhakoni relies upon para 16 of this order to submit that there is absolutely no merit in the writ petition and it should be dismissed.

80. The argument that Aarey is a forest and no development is permitted in a forest belies the fact that the additional affidavit of respondent no. 4 shows that the Aarey Milk Colony was, by a draft notification dated 22nd January, 2016, for the first time, proposed to be included within the Eco-sensitive Zone of Sanjay Gandhi National Park. The Expert Committee constituted for declaration of Eco-sensitive Zone had, however, unanimously J.V.Salunke,PA Judgment-WPL.2766.2017.doc decided that the area of 165 hectares of the said Aarey Land, which includes the land proposed to be allotted to metro car depot, should not be included in the Eco-sensitive Zone and accordingly, the final notification did not include the said 165 hectares of land in the notified Eco-sensitive Zone. Hence, it is erroneous to term Aarey or Aarey Milk Colony area as a forest. There is no question of the same being referred to as forest, particularly in the light of the final notification dated 6 th December, 2016. We have carefully perused that notification and which is to be found at page 347 of the compilation handed in by Mr. Dwarkadas. The notification dated 22 nd January, 2016 is a draft. It contains the extended boundaries of Eco-sensitive Zone and other details. When that was forwarded for sanction, it is clear that it was not sanctioned by including the subject Aarey land as a Eco-sensitive zone. Thus, it is not an Eco-sensitive Zone of the Sanjay Gandhi National Park. If that is how it is projected in the notification, then, absent a challenge thereto, we cannot consider the arguments of Mr. Dwarkadas on this point any further. Respondent no. 4, in the additional affidavit, tendered on 15th June, 2018 has clarified that the metro car depot site is not a forest land. The car depot is not in a statutorily recognised forest area. No Government record has been referred to by the petitioners, in which, the metro car depot area is recorded as a J.V.Salunke,PA Judgment-WPL.2766.2017.doc forest. Further, we have other materials on record, which would denote that the metro car depot site forms part of Aarey Milk Colony and does not form part of the Sanjay Gandhi National Park. The petitioners, in the additional affidavit and particularly in paras 24 to 28 at running pages 226-228 rely upon the copy of the letter dated 22nd July, 1980 of the Forest Development Corporation of Maharashtra Ltd. The said letter alone is not decisive for it is evident that the land has not been notified as a forest. The respondent no. 4 has clearly denied this fact and with reference to public documents. In para 21 of this affidavit at page 295, the fourth respondent says as under:-