Powai now a shoppers Mecca, was once a picnicker�s paradise. The green hilltops are now replaced with the blue domes of Hiranandani buildings. In the name of development Powai, which used to be one of the green spots on Mumbai�s map has in the past decade turned into a gray patch.(Surya Ragunaathan is passionate about writing and currently writes a column for the Times of India.)

�We shifted to Powai after my retirement in 1995, when this land was still green and untouched.� recollects Mr. Saksena, a resident who stays in one of these Hiranandani buildings. He like many others was promised lush green surroundings, fresher air and the blue shimmer of the Powai Lake when he shifted here.

For this former director of Siemens, retired life is not about relaxing in his armchair and complaining about the system. At 73, he has embarked upon a mission with a difference, heading the Hiranandani Garden Welfare Association. This Association consists of a bunch of residents infuriated into activism by constant slaughter of the Powai and Chandivali hills. The Hiranandanis, one of the biggest names in the construction business, had purchased Powai hills under the pretext of environment concerns, claiming to be eco-friendly builders. �Since January 2004 Mr. Niranjan Hiranandani has restarted quarrying of hills. Presently the matter is in court and four petitions under the right to information have been filed each with the Software Technology Parks, Maharashtra Pollution Control Boards, BMC-Building Proposal Department and District Collector with respect to quarrying starting again.� Mr. Saksena further brings to our notice; �Hills in and around Mumbai cannot be quarried because of reasons of national security as hills provide Surface to Air Missiles launching pad. Moreover, hills are very essential in maintaining the ecological balance.�

According to the Urban Development Board, No Development Zones (NDZs) are allowed multiple usages such as �agriculture, horticulture, animal husbandry, gardens, poultry farms, golf courses, private parks, play field, stadium, swimming pool and gliding facilities in order to take care of the needs of the urban population and discourage exploitation of the land from being over built-up by allowing a very limited Floor Space Index (FSI).� The basic idea being to not allow any kind of permanent structure from coming up on this land and keeping the land open to floating population.

Not too far from Powai, is Yeoor hills (Thane), which was once known for the Warli tribes who lived there, now boasts of lavish country club visited by the rich and famous and sprawling private farmhouses. �Yeoor is an example where forests are being cleared under the excuse of promoting tourism and increasing revenue by building country clubs. The NDZ law permits development if the tourism board de-notifies the region. Interestingly, many Members of Parliament (MPs) and other politicians own this land; hence it has been de-notified as a tourist location�, points out Mr. Rajendra Godbole, an Architect with Soham Builders seated in his office with models of current projects and blue prints scattered around the office. This story is like any other tale of finding loopholes in a law and exploiting the law to its fullest.

Is the very law meant to protect turning villain?

No development zone does not mean never development zone…

-Vilasrao Deshmukh, Chief Minister, Maharashtra.

The state government should float global tenders and parcel off Mahalaxmi Racecourse, the Aarey milk colony plots at Goregaon and Worli and the Godrej land at Vikhroli. The money can be used to pay off the loans and remainder can be spent on strengthening the health and education infrastructure.

-Ganesh Naik, Environment, Labour and Excise Minister.

�Sell land in Nashik, Nagpur, Pune too� says Ganesh Naik �Saccha raja wahi jo bhukhi praja ko apna khazana luta kar rahat de� (a true king digs into his treasury to feed his hungry subjects). The only irony of this statement is not that the person saying this is the Environment Minister but that he himself owns a 500 acre plot in Murbad, Thane which houses his plush country mansion. The statements made by the bureaucrats to sell off Mumbai�s open spaces reconfirm the suspicion that politicians treat environment as a �notion� that they can �cash� in on.

In the past rules have been flouted and open spaces have been sold without any consideration. When one sees people in power breaking the laws rather than enforcing them, one realizes the bleakness of the situation.

The Development Control (DC) rule 23 emphasizes on the need to have open spaces within the city and encourage public participation on matters regarding urban development. The rule thereby states, �Residential and commercial developments of over 1000 sq. metres must have a layout plan and reserve at least 15% of that area for recreational or open space. This covers individual complexes, large-scale private developments like Lokhandwala and most MHADA colonies. It goes on to say, �No recreational area can be below 125 square meter, and must be accessible to all those in the layout area. 15% of the area can be developed for amenities like gymnasium etc. trees at the rate of 5 trees per 100 sq m must be grown in the plot.� Needless to say this is rarely implemented and the gymnasiums in this area cater to the elite.

Citispace is a citizen�s forum that deals with issues regarding urban development. �Though a public notification is essential to de-reserve an NDZ, most notifications are issued in not-so-widely read local newspapers read by very few people. Besides the addresses are given in terms of area codes you must decode from the BMC office. So by the time you know which land is being de-reserved its already being constructed upon thus defeating the basic premise of public notifications i.e. involving public in decision-making�, explains Neera Punj, Convenor of Citispace, about the condition of NDZ dereservations.

The urban Development Board specifies there can be no development on the coastline, but the rule is such that if there is a road running near the coast, development is permitted on the non-coastal side of the road known as Coastal Regulatory Zones (CRZs.) So development plans show roads, which are proposed but actually never constructed. Areas around chemical factories and defence bases are also marked off as No Development Zones. Speaking to Haftamag regarding the concise rules laid down by the Development Control Regulations concerning No Development Zones, Punj informs, �They specify everything from what can be constructed there, and to who is in charge of overseeing development on NDZ�s. Like all intelligent works they are ignored because they are not understood.� Citispace office has witnessed numerous conflicts ranging from the street hawkers issue, the slum rehabilitation to the much talked about/ controversial mill lands.

However there exists a ray of hope in the form of the Right to information which has made it easier to complain against violations as city maps that mark off areas like NDZ�S and Coastal Regulatory Zones (CRZs) have become easily accessible to the common man.

Will the right to information act, which is said to be one of the best rights, (even better than that of USA�s) change anything or is the fate of Mumbai�s No Development Zones already decided?

(This article includes contributions by Supriya Bandekar, Riddhi Savla, Diksha Sharma, Chandrani Bhattacharjee.)

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