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Promoter fills up waterbody defying court order, Act

By Rajesh Kumar, Section Real Estate
Posted on Tue Mar 22, 2005 at 05:17:20 AM EST

Land and land reforms minister Abdur Rezzak Mollah has stalled the move of a private developer to build a residential estate in Bamangachhi, near New Town, after it came to light that the construction was being done after filling up a wetland.

The housing estate, Green Valley Project, is being developed by a Salt Lake-based promoter on a 59-acre plot. Mollah intervened in the matter after allegations poured in from various corners that the promoter had violated rules by filling up a waterbody.

The land and land reforms department lodged an FIR with Rajarhat police station, alleging that the developer had violated a high court order and also the wetlands Act, which bans filling up waterbodies.

The court order was passed by Justice Umesh Chandra Banerjee (now retired) in response to a petition filed by People United for Better Living in Calcutta in 1993. The judge had observed that wetlands could not be converted into "plain land for any construction purpose". The state government subsequently enacted a law banning filling up of waterbodies.

"I shall not tolerate any illegal land conversion. The government cannot remain a mute spectator to violation of rules for personal gain," minister Mollah said on Monday.

Land and land reforms officials said the promoter had used his contacts in the CPM to get permission for filling up the waterbody and also a sanction for the building plan from the local panchayat. "The plan may have been sanctioned, but we will not allow the construction if it is proved that the site was a wetland,'' an official said.

Last week, the promoter had moved the high court against the FIR. The court ruled that the promoter might proceed with construction work, but if the charges of the land and land reforms department were found to be true, the site would have to be reconverted into a wetland.

According to HIDCO officials, some private developers have in their possession at least 15 plots, adjacent to New Town, which are identified as wetlands.

"We did not include these plots within the township as they cannot be filled up. It's surprising that a private developer is doing what the government did not dare to do," an official said.

http://www.telegraphindia.com/1050322/asp/calcutta/story_4513591.asp

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