Mumbai: Expressing strong displeasure over the Maharashtra government’s prolonged failure to rehabilitate encroachers from the Sanjay Gandhi National Park (SGNP), the Bombay High Court on Tuesday directed the state to identify three alternative sites of 90 acres each — “nowhere near SGNP” — for relocating the encroachers.
State Seeks More Time To Regularise Marol-Maroshi Site
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad passed the direction after the state sought additional time to regularise the proposed rehabilitation site at Marol-Maroshi. The petitioner pointed out that the identified plot falls within the eco-sensitive zone (ESZ) of Aarey Colony.
“We may indicate that alternate land must not be in the vicinity of SGNP,” the bench said, adding that it was “disappointed with the slow pace” of the government’s actions despite court directions dating back nearly two decades.
Contempt Petition Filed By NGO Over 1997 Order Non-Compliance
The bench was hearing a contempt petition filed by NGO Conservation Action Trust over the state’s failure to comply with a 1997 High Court order in a PIL by the Bombay Environmental Action Group (BEAG) to protect the park. The court was also hearing a connected PIL by Samyak Janhit Seva, a society of slum dwellers, seeking rehabilitation for those found eligible.
State Says Rehabilitation Land Stuck Due To Green Zone Rules
During Tuesday’s hearing, Advocate General (AG) Birendra Saraf, representing the state, pointed out that the state had the requisite land near SGNP itself but it was stuck due to green zone protection regulations which needed some procedures to be adopted for ensuring that it can be used for rehabilitation of SGNP residents.
Petitioners Oppose Use Of Aarey ESZ For Rehabilitation
Advocate Zaman Ali appearing for petitioner NGO Conservation Action Trust pointed out that the area proposed for the rehabilitation was at Marol-Maroshi, which is Eco-Sensitive Zone (ESZ) of Aarey area, where construction is not permitted and the Supreme Court is seized of the issue.
Court Rejects State’s Argument On Aarey Permissions
However, Saraf submitted that the construction can be done in Aarey after taking permission from the Supreme court.
However, the court noted that the issue would only further delay the rehabilitation process and added that the state’s position remained uncertain.
“You say it may be declared as a private forest. It is not clear. Either say you are not able to identify, or give us land (for rehabilitation). Or send them (encroachers) out of Bombay. This is really a very important issue, as flagged by the petitioner,” he remarked.
HC Sets Two-Week Deadline For Identifying Three Sites
When Saraf sought two months to explore alternatives before the committee, the bench retorted, “No, it can be done in two days. If you think one cannot be viable, give us three options.”
In October, the HC had a 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 SGNP and to recommend measures to prevent further encroachments on its land.
The court directed the state to identify three new 90-acre sites and file an affidavit within two weeks. “We may indicate that the committee constituted by the state shall proceed with the matter and take appropriate steps as indicated,” the bench added.
Also Watch:
11,000 Of 13,000 Encroachers Already Rehabilitated, Says State
Saraf had earlier informed the court that “efforts have been made in the past” and that over 11,000 of the 13,000 identified encroachers had already been rehabilitated. The bench, however, observed, “That is no ground not to proceed against you (for contempt). You can wriggle out of this difficulty only if you rehabilitate these people.”
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
