In a major relief to National Textile Corporation (NTC) and owners of closed private textile mills in Mumbai, the Supreme Court today allowed developmental activity in the mill land, provided they get approval for construction of residential complexes from authorities.Modifying a Bombay High Court interim order putting a stop on all such construction activities on the mill land, a bench comprising Justice N Santosh Hegde and Justice S B Sinha also asked the High Court to decide the PIL filed by Bombay Environmental Action Group (BEAG) by July 31."Interest of justice would be subserved if the NTC is permitted to complete the transactions in terms of the scheme framed by BIFR," Justice Sinha said.Quickly adding a rider, he said: "This would be subject to the conditions that in the event that if writ petition ultimately succeeds, the vacant land available from other mills of NTC, if necessary, would be offered by way of adjustment."Today's order would help the acquisition of NTC-owned Jupiter Mills by Indiabulls, and help other private owners like Bombay Dyeing, Mafatlal, Hindoostan Spinning and Weaving, Ruby and Morarjee Mills undertake development of their mill land located in prime locations of congested Mumbai if they have got layout plan approved and permission for construction.The total area under the 58 mills, closed after the prolonged workers strike in the 1980s, was 600 acres - six times that of the bustling Nariman Point. The environmental group had argued that more space for greenery should be left by the mills to help the city breath easily.While allowing those mills that have got permission for construction to resume work, the bench said: "Any further construction and/or creation of third party rights by the mill owners will be at their own risk," and would be subject to the final orders of the High Court.Creation of third party rights, like selling flats constructed in the mill land to people, would not be construed as an equity in favour of mill owners, Justice Sinha clarified."Therefore, before entering into agreement creating third party interest in the mill land, the owners must advertise the actual position relating to the land in question in two widely circulated dailies - one in English and the other in Marathi," the court directed.The order came as a modification of the high court order, which, while seeking all possible details from the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government about the development of mill land, had stayed any further construction in the premises of the closed textile mills.The mill owners and the Maharashtra government had appealed against the High Court order saying over Rs 10,000 crore has been pumped in for the development of the mill land, and that Rs 2,000 crore have been paid to the workers as arrears.In respect of those mills whose lay out plan for development of the mill land has not been sanctioned, the apex court said they could still apply to the authorities for approval of schemes, but "cannot start construction" on the basis of such approvals.
