The Bombay high court on Wednesday again permitted the temporary de-sealing of an alleged illegal sealed structure at Arpora for the maintenance of aquarium fish, subject to the payment of costs. Benz Amusement Parks Pvt Ltd had filed an application seeking de-sealing to care for the fish housed in the premises.
Details of the Application
The company stated that its premises contain approximately 84 aquariums accommodating more than 10,000 live fish. The sealing of the premises prevented staff from accessing the site, putting the aquatic life at risk. The fish require constant care, including feeding, oxygenation, filtration, and monitoring of water quality and temperature. Without such care, there is an imminent risk of large-scale mortality.
High Court Directions
The high court directed the secretary of the Arpora panchayat to de-seal the premises for six hours on specified dates and reseal it afterward, subject to the payment of Rs 30,000 for each sealing and de-sealing operation. The court also instructed the secretary to ensure that 21 illegal structures remain sealed until the director of panchayat decides on the appeals regarding demolition orders.
Observing that the fish are likely to perish if left unfed, the high court permitted the temporary de-sealing for maintenance. The court is hearing a public interest litigation concerning illegal land-filling and constructions in paddy fields at Arpora-Nagoa and had directed the demolition of the structures.
Earlier Orders
Last month, a division bench comprising Justices Valmiki Menezes and Amit Jamsandekar stated that even if a stay on demolition of some structures has been obtained from the director of panchayats, no activity should take place there until the appeals are decided.
