Mumbai: The Bombay high court on Friday directed the state government and collector (suburbs) to take possession of two lakes at Eksar, Borivli (W), after four months.The court observed “gross illegality’’ in the way in which a lake disappeared and the size of another was reduced following beautification work by then local MLA, Gopal Shetty , without permission. Shetty is currently MP from Mumbai North. The court also directed the government and collector “to restore the original area of the lakes by demolishing constructions carried out without BMC permission”.The lakes/talaos had measured 3,381.60 square metres and 12,929 square metres (or one acre and more than three acres respectively). After beautification, the smaller lake was filled and levelled and the bigger lake was reduced to two-thirds with the construction of a statue of Rani Laxmibai and a walking track around it with boating facilities. An entry fee and boating charges are collected by Poisar Gymkhana, a trust “run and under control” of Shetty.“It was the state’s obligation to maintain the lakes,’’ said a bench of Justices Abhay Oka and Prakash Naik, who gave their verdict on a PIL filed in 2009 by activists, Edwin Britto and Meera Kamath.Their petition said the natural talaos were connected to the sea and were used for years by villagers for drinking water and other purposes. Shetty was given permission by the revenue and forest department to beautify both lakes in September 2007. The collector and the department refused permission to close the smaller lake and to construct over it in May 2008. But the department, relying on the minister’s remarks, granted permission in August 2008 to construct up to .04 FSI. In October, the collector also granted permission on the condition that the smaller lake should not be filled without its permission. Shetty went ahead with his plans.The petitioners then moved the HC. Their advocate, G N Salunkhe, argued that a water body cannot be destroyed and it is the fundamental right of a citizen and the state to preserve it.The judges noted that the smaller lake did not disappear automatically but after it was given by Shetty to the gymkhana, which undertook the beautification. The judges said that while it was true that the surrounding of the bigger lake had been beautified from the MLA funds, “nevertheless, neither respondent 6 (Shetty) nor respondent 7 (Poisar Gymkhana) can claim any right over the lands and the lakes’’.The gymkhana can apply for permission to maintain the land and lakes. But the judges clarified that if the government decides to allow its plea, it will be “on the condition of restoring the original area of both lakes and of demolishing all structures constructed without BMC permission”. This has to be decided within four months. Thereafter, the government will take possession and ensure the lakes are restored within nine months.