Adivasi at Aarey cannot be displaced for Metro Car shed work: Bombay High Court slams MMRC

Earlier, Mumbai Metro Rail Corporation (MMRC) had approached the National Green Tribunal (NGT) in Delhi to remove the stay order put on the construction of a car shed in Aarey Colony for the ongoing Metro-3 work and NGT had rejected MMRC’s petition. Now, Bombay High Court in its verdict on Wednesday, ordered them to not lay a finger on the residing Adivasis, their families or farms in the name of work and the residents cannot be displaced.

With this verdict, the construction work of Metro-3 and car shed looks bleak and further construction stands in question. The verdict is a shocker as well as a setback for MMRC as without moving the adivasis, the work cannot progress any further.

The construction of Metro-3 was supposed to be commencing around the Aarey forest and for the construction as well additional work, a total of 33 acres of area was required. For the same reason, it was required for the tribals to be shifted somewhere else and their lands to be acquired. So far, MMRC has shifted 61 adivasis along with their shops and homes at Chakala. Along with this, the lands of these people were also acquired.

Adivasis being the original inhabitants cannot be rehabilitated somewhere else. In case of redevelopment, the developer is mandated to give the Adivasi the same land where he has resided earlier. However, MMRC has completely violated the law after they shifted the Adivasi group from Prajapur pada. 

MMRC shifted us at Chakala in a 269 sq. ft. home in place of 1.5 acres of our land.” Padawi also accused MMRC of not only violating Adivasi redevelopment rules, but also misguiding the Adivasis in the name of Slum Rehabilitation Authority (SRA)," An Adivasi, Sanjay Padawi told Mumbai Live.

In regard to misguiding people in the name of SRA and violation of Adivasi redevelopment rules, five Adivasis from Parjapur Pada had filed a petition against MMRC demanding that the Adivasi should not be shifted or displaced. In response to the petition, High Court ruled the decision in the favour of Adivasis and has ordered a stay on the work of the metro. Besides, the court has also directed MMRC to not displace any Adivasi, their belongings or their lands.