Mumbai: The Bombay High Court has constituted a High-Powered Committee (HPC) headed by retired Chief Justice of the Allahabad High Court, Justice Dilip Bhosle, to ensure the expeditious construction of a boundary wall around the Sanjay Gandhi National Park (SGNP) and to recommend measures to prevent further encroachments on its land.
Committee To Oversee Protection And Rehabilitation Plans
The committee, which also includes former Maharashtra DGP Subodh Jaiswal, ex-chief secretary Dr. Nitin Kareer, and conservator of forests and director of SGNP, Borivali, Anita Patil, has been tasked with identifying land for rehabilitation of encroachers and suggesting steps for funding and construction of rehabilitation tenements.
Court Notes Non-Compliance Of Earlier Orders
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad passed the order while hearing a contempt petition filed by Samyak Janhit Seva Sanstha in 2023. The petition alleged non-compliance of several court orders passed since 1997 in writ petition of 1995, which sought protection and preservation of the 104-sq-km park spread across Mumbai and Thane.
‘Thirty Years Later, Situation Unchanged,’ Says Court
“Despite the continuing wrongs and further orders of this Court… the situation continues to remain unchanged,” the bench observed, noting that “various orders passed by this Court over a period of thirty years are still to be complied with.”
Only 49 Km Of Boundary Wall Completed So Far
The court noted that Google Earth images revealed that the boundary wall around the park remains incomplete — with only about 49 km constructed out of the 154 km required. “This has perhaps led to further encroachments in SGNP,” it remarked.
State Promises Action On Rehabilitation Land
Advocate General Birendra Saraf assured the bench that the state is taking steps to comply with past directions. He informed the court that of the 90 acres of land at Marol-Maroshi earmarked for rehabilitation of encroachers, 44 acres would be immediately made available for residential development, while the remaining 46 acres would be processed soon if not notified as forest land.
Petitioner Opposes Use Of Aarey Land
Senior advocate Janak Dwarkadas, appearing for the petitioner NGO, Conservation Action Trust, which has also intervened in the matter, opposed this plan, saying it’s a no-development zone (NDZ). When the plan was suggested last year, the NGO pointed out its location in Aarey Colony, a notified forest and an eco-sensitive zone.
Court Appreciates State’s Proactive Approach
However, the court appreciated the state’s proactive approach, and said, “Considering the present scenario, and to ensure that steps are taken for protection of SGNP — a crown jewel for the cities of Mumbai and Thane — we called upon the learned Advocate General, Mr. (Janak) Dwarkadas, the learned senior counsel and other counsels appearing in this litigation to furnish a proposal which could streamline this process and ensure that the park is protected.”
Government Agencies Ordered To Assist Committee
The court directed all government agencies to extend “fullest support and co-operation” to the Committee, including office space, vehicles, secretarial and police assistance. It warned that any failure or refusal to assist the HPC would amount to breach of court orders and invite contempt proceedings.
Committee To Submit First Report In Three Months
The Committee has been asked to submit its first report within three months from its first meeting. The State Government has also been directed to publish on its websites the details and meeting schedule of the Committee to keep all stakeholders informed.
Also Watch:
Next Hearing Scheduled For February 2025
The matter will next be heard on February 19, 2025. During an earlier hearing on October 16, the bench had remarked that the issue “has a history of a quarter century” and required a structured mechanism for implementation.
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