Navi Mumbai: CIDCO was served with a legal notice by an environmental group on its alleged failure to comply with the judicial orders to remove 30 illegal temples located on the landslide prone slopes of Belapur hill. CIDCO is asked to comply and remove the structures or face litigation for contempt of court.

Natconnet Foundation, is the environmental group that has allegedly served the legal notice to CIDCO as well as the state government. The notice has sought to remove the 30 illegal temples identified by CIDCO after a survey undertaken in the year 2015.

"NatConnect has already stressed that it is not against any religious structures per se, but they must be built in safer places and with proper permissions. CIDCO had in fact said in its affidavit it has allotted 16 plots in the hill area and three in Pasik Hill area," said the director of the foundation BN Kumar.

Legal notice served to CIDCO over failure to remove illegal temples on landslide-prone Belapur hill

The foundation's counsel Ronita Bhattacharya has given a 15-day deadline to the authorities to comply with the Maharashtra State Human Rights Commission’s (MSHRC) order given in August.

"These temples are built dangerously on the slopes of the landslide prone belapur hill. There is a SC order of 2009 wherein illegal religious structures in public places are to be demolished and CIDCO too has stated in its affidavit at the MSHRC that it has served notices on such structures as these cannot be regularised," said Kumar.

A borewell dug this week on Belapur Hill near an illegal temple

The commission is stated to have taken suo motu cognizance of the encroachments on Belapur Hills on the basis of a news article and the danger arising from potential landslides that could impact the residents in the buildings and housing societies constructed at the foot of the Belapur Hills.

The legal notice pointed out that despite assurances made before the MSHRC no substantive action has been taken to remove illegal constructions, leaving residents vulnerable to environmental risks, including landslides.

“Further, it is evident that these unauthorised constructions are actually being repaired and renovated, instead of being demolished,” the notice said and pointed out that under Section 18(iii) of the Protection of Human Rights Act, 1993, the authorities are mandated to take immediate and appropriate steps to address these issues.

The MSHRC, comprising Justice K K Tated and member M A Sayeed, heard the state Urban Development department, CIDCO, NMMC, apart from NatConnect and directed the government to act against the structures.

“Please note that if no action is taken within the stipulated time, my client reserves the right to initiate legal proceedings against the concerned authorities for contempt of court and dereliction of duty, including but not limited to filing a petition before the appropriate judicial forum to ensure compliance,” advocate Bhattacharya said in the notice.