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Showing contexts for: parks table in Zoru Darayus Bhathena vs Water Resources Department, State Of ... on 4 October, 2019Matching Fragments
4. The pleadings proceed to refer to a letter dated 10 th October 1980 addressed by the Regional Manager of the Forest Development Corporation of Maharashtra Ltd. to the Managing Director of the Forest Development Corporation Maharashtra recording therein that for a better management of Aarey it would be advisable to declare the area as a reserved forest under the Land Revenue Code to be delegated to the park authorities so that the park authorities could evict the encroachers under the Land Revenue Code. The pleadings further proceed to make a reference to a letter dated 8th June 2004 written by the Governor of Maharashtra to the Chief Minister of the State of Maharashtra recording that Aarey Milk Colony comprises 3,126 acres of land out of which 955 acres were allotted to 27 Institutions most of Jdk 14 / 39 oswp 1487_2019_pill.86.19.jt.doc which were not using the land for the purpose it was allotted and recommending that the Government should resume the said land. It is recommended in the letter that the entire Aarey Milk Colony could be merged with the Borivli National Park. The pleadings proceed further by recording to a table prepared on 16 th October 2006 by the State of Maharashtra recognizing 32 hectare land in Aarey Colony to be forest land. The pleadings then referred to a Notification dated 13 th May 2009 sanctioning modification of a Development Plan to reserve 7500 square meter land in Aarey Milk Colony for a Muslim cemetery, making a reference in the Notification that the land in Aarey Milk Colony was a forest area. Copious reference is made in the pleadings to reports of Indian Researchers and Government Agencies recognizing that the land comprising Aarey had forest like characters having trees, shrubs, herbs, grasses, herbaceous (non-woody) plants, mosses algae, fungi, insects, mammals, birds, reptiles, amphibians and microorganism living on the plants and in the soil, which interact with one another and that the soil, water and minerals to make up what may be called a forest. The reports referred to are: (i) Biodiversity of Aarey Milk Colony and Film City (2007-2009), which highlights that 76 varieties of Birds, 86 varieties of Butterflies, 13 varieties of Amphibians, 46 varieties of Reptiles, 5 varieties of Scorpions, 19 varieties of Spiders, 3 varieties of Theraphosid Spiders, 16 varieties of Mammals including Leopard, Jungle Cat, Flying Fox and Jackal were found in Aarey; (ii) Jdk 15 / 39 oswp 1487_2019_pill.86.19.jt.doc Journal Article published in 'Journal of Threatened Taxa" published in April 2010 titled "Description of a new Species of Scorpion of the Genus Lychas" writing that the Eco-system of Aarey was vibrant requiring the area to be saved as a forest; and (iii) Experts Study Report published in December 2017 in "The Xavier's Research Journal, Vol. 8', titled 'Aarey Milk Colony, Mumbai' opining that Aarey is a forest territory, highlighting that the study conducted revealed 530 species of flowering plants including trees, shrubs, herbs, climbers, twinners etc.