Forest Issue - Mulund Mumbai

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This petition addresses the grievances of the people affected by Forest issue, Mulund, Mumbai. The supreme court has time and again adjourned the case and so far has not granted any justice for lacs of people affected by this issue.

June 25, 2011
Justice Shri. S H Kapadia,
Chief Justice Of India,
Supreme Court of India
New Delhi 110001

Subject : Forest Land Issue, Mulund, Mumbai, Maharastra.

This letter represents the grievance of a group of people who booked apartments in residential projects called Blue Diamond and Runwal Infinity which are projects of leading Mumbai developers Nirmal Lifestyles and Runwal Group in Mulund, Mumbai, Maharashtra.

The projects were flagged off in the year 2003 (Blue Diamond) and 2006 (Runwal Infinity) and the delivery of this project was scheduled for end of 2006 (Blue Diamond) and 2008 (Runwal Infinity). It is now 2011 and we are nowhere near in getting possession of our cherished homes. Various permits and clearances as required for the construction of the apartment were approved and registered by the Mumbai Municipal Corporation and subsequently housing loans were approved and disbursed by the banks (public as well as private). The construction was progressing and the builders demand for payments based on slab was met by us regularly. Some of us have taken housing loans to make these payments. A few unfortunate amongst us started living in rented homes having sold their existing homes to make these payments. Some of us made full down payment to the builder. But the dream of living in our cherished apartment in the upcoming suburb of Mumbai kept us going. Then all of a sudden, sometime in 2005 an NGO called Bombay Environmental Action Group filed a Public Interest Litigation in the Mumbai High courts claiming that these tracts of land on which these housing projects was constructed was forest land prior to 1955. Mumbai High Court stayed any further construction on these lands in June 2005 which subsequently halted the construction.

Now close to 5 years later and after countless court hearings and postponements time and again, justice has not been served to the hundreds of innocent common hardworking people like us. While the law is taking its own time, hundreds of us are paying rent to have a roof over our head and making hefty bank payments towards the loans we took to purchase the flat.

In 2008, the case was transferred from Mumbai high court to the Supreme Court (SC) of India. SC had appointed a Central Empowerment Committee (CEC) to study the ground situation and make a recommendation. After visiting all the affected sites and speaking to various people, CEC submitted its report to SC in 2009 the report was accepted by the SC in Jan-2010. Builders have informed us that they have already paid the NPV as directed by the CEC and still waiting for the clearance.

All these years, we have waited patiently hoping that ultimately justice will prevail. Even after fulfilling the recommendation made by SC in Jan-2010, the case has not been resolved yet. After hearing the case for over three years, the two member SC bench has suggested that the case should now be heard by a three member bench. So far, the Supreme Court has not been able to provide justice and we demand that a swift and fair verdict be granted in favour of lacs of innocent people affected by the forest issue.

Through this petition we also demand the following:
1) Grant clearance to builders to resume construction of housing complex that have already begun construction without any further delay.
2) As the builder resumes construction, they should ensure that the structure meets the same safety standards that is required for residential properties.
3) The builder should honor the original agreement signed between them and the buyer. The buyer should not be required to pay any additional money other than what is in the original agreement.
4) Going forth, local authorities like Municipal Corporation who grant permission to construct projects, should be held responsible for giving permits on land that is designated as forest area. Once a permit is granted to allow construction, government and other authorities should not be allowed to reclaim the land back.
5) Make builders responsible to disclose ownership of land to buyers when buyers invest in them.

Most sincerely,
Owners of Flats in Blue Diamond & Runwal Infinity

177 Signatures

  • Minesh M
    • Comments
    • Please also include the SC case number for reference.
  • Vinod K
  • Sanjay B
  • Mrudula S
  • Rasika A
    • Comments
    • We are suffering for the last 7 years for no fault of ours. We appeal our honorable Chief Justice of India to give us justice.
  • Maulik M
    • Comments
    • Flat Owner
  • TG R
    • Comments
    • I do not wish to blame the builder, since he has proceeded as per law and complied with BMC stipulations. It came as a shock to me when the Forest Secy of Govt Of maharashtra wanted the forest land back in the High Court. On one side they permitted construction and played a double game by demanding the land back for forest. Kindly do justice to us. We have waited enough. Many of us are Senior Citizens.
  • Tushar M
  • George K
    • Comments
    • Please grant relief , this is injustice to peoples hard earned money.
  • jagdish m
    • Comments
    • i booked a flat, registered it, paid all the money that was asked but still my fate for this flat is uncertain since 2006
  • Rahul D
    • Comments
    • Justice delayed is justice denied.The Runwal Infinity property was bought from Ralliwolf(Tata Group) by the builders.There was no deirect purchase from a individual.What was the governing bodies doing all these years?Why are ordinary citizens bearing the brunt of this apathy.If this continues I wonder where we as a country will go...
  • pradeep m
    • Comments
    • please allow builders to complete the projects
  • Siba G
    • Comments
    • Request Chief Justice to please act and give justice to us , we have been waiting for 7 years and hard earned money is being wasted. Please help us immediately
  • Mrs , SHEEJA R
    • Comments
    • Flat no- B2- 503
  • Praveen M
    • Comments
    • On behalf of my father Mr V Ramachandran under whose name we have a flat in Blue diamond. Please do help us out of this. We have put in all our hard earned money into this and have been staying in a rented property (1bhk) in Jai shastri nagar which is just behind Nirmal Lifestyles.
  • Girish G
    • Comments
    • Please help us to close this matter and get possession for our houses ASAP. We are incurring huge cost of financing the houses without any returns on the same. Thanks.
  • Vinaya P. D
    • Comments
    • Flat A-204.
  • Sejal P G
    • Comments
    • After paying all payments, loan interest and income taxes properly, we as a common man demand for justice. Please give clearance to runwal infinity without further delay.
  • Jayesh S
  • Gautam S
    • Comments
    • Blue Diamond B-901,902 What has happened, has happened.How much we suffered that we know. Now there should not be any delay either from govt. or from builder to finish construction with full priority & hand over key to the flat owners.
    • Comments
    • IWe appreciate the Hon. Chief Justice of India to look into the hardhsip faced by innocent people who had dreamt for a living in Mumbai. For a middle class working people, It is a great achievement if we have altealst one of our own house during the tenure of of life. We sincerely request for a quick relief & oblige.
    • Comments
    • matter should be resolved as ast as possible to give relief to house owner.
  • Satyajeet S
    • Comments
    • I support this petition. I have booked a flat in Runwal Infinity for my widowed mother and we still don't have it.
  • Vikrant p
    • Comments
    • flat owner (Runwal Infinity)
  • Kalpana S
    • Comments
    • Respected sir , we have not bought the house for an investment purpose .We have been waiting for 7 years now.its our humble request to expidite the judgement in favour of the needy people like us .
  • Anand V
    • Comments
    • Blue Diamond, Nirmal Lifestyle
  • Anil C
    • Comments
    • Runwal Infinity
  • Kaushal
    • Comments
    • I have booked a flat with Atithi Builders in mulund and is stuck due to forest land issue.
  • Subramanian R
    • Comments
    • Request you to clear the case in next 2 months
  • Rakesh S
  • Kulbir S
    • Comments
    • Its time Govt and Courts realize their responsibilities towards the Citizens
  • Mukesh S
    • Comments
    • We have booked our flat in Ariisto Heaven 4years back, and project stopped because of forest land issue
  • Sushen K
  • dr vidya s
    • Comments
    • we are paying for no mistake of ours. v understand love and respect our environment and would never want to damage it, but still it should have been thought about when the permission was granted. better late than never atleast now show us that justice is for the betterment of people not for their harassment... wiating for justice
  • Rajesh N
    • Comments
    • Please help us in closing this issue fast as we have put in our hard earned money & things are been delayed for no reasons.
  • Prakash D
    • Comments
    • Hi All, Please help us in closing this & please try to give some news on a forum so we are updated, we all have invested for a home so w ecan live properly but so many years have passed & no result. How was Ralli Fan not an Forest Land from 1850 Odd & all of sudden same plot where Runwall is being constructed is Forest land.
  • Sheriff D
  • Chirag P
  • Abha J
    • Comments
    • We have taken loans from the bank to make payments for this house and its more than 5 years we are stuck with no resolution. The builders are sitting on the landmine and taking advantage of this.
  • Malvika
  • Gautam A
    • Comments
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  • Shrinand G S
    • Comments
    • " Mother is one to whom you hurry when you are troubled.”" and that's what we (common man) of INDIA are doing. Going to various COURTrooms., just to come again empty-handed. Don't our mom(Indian Courts) has fruits for us .
  • Dr Praveen M
    • Comments
    • Forest land issue has been stretched beyond limits!
  • Rahul S
    • Comments
    • This no fault of the people who bought rooms in these buildings and these are the people who are suffering the most. The government personnel who approved the project in the first place should be at fault and action should be taken against them. The buildings which are already under construction should be allowed to be completed. Holding off the half constructed buildings will not do any good to anyone ... people who bought the flats or the people who files a PIL.
  • vidhu
    • Comments
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  • kulwant singh m
    • Comments
    • i have bought a flat in blue diamond in 2006 thinking will get the possesion in 6 months its bee 6 years we are living in distress with no news from our law system regarding the forest land and we dont know how wil we get our houses which we managed to buy from hard earned money.