Mumbai: The Bombay High Court on Thursday said it would constitute a committee to suggest measures for removal of encroachers and rehabilitation of eligible encroachers residing within the Sanjay Gandhi National Park (SGNP), observing that the issue has remained unresolved for over two decades despite repeated government assurances.
Structured Mechanism Needed
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said the matter “has a history of a quarter century” and needs a structured mechanism for implementation.
Contempt Petition Over Non-Compliance
The court was hearing a contempt petition filed by NGO Conservation Action Trust over non-compliance of a 1997 HC order in a PIL by the Bombay Environmental Action Group to protect the park. It was hearing a PIL filed by Samyak Janhit Seva, a society of slum dwellers, seeking rehabilitation of those found eligible.
Rehabilitation Efforts and Disputes
Advocate General Birendra Saraf told the court that “efforts have been made in the past” and that over 11,000 people have already been rehabilitated out of around 13,000 who were identified earlier. However, the bench remarked, “That is no ground not to proceed against you (for contempt). You can wriggle out of this difficulty only if you rehabilitate these people.”
Proposed Land at Marol-Maroshi Contested
Saraf said that they have identified a 90 acre plot at Marol-Maroshi in western suburb for rehabilitation of these encroachers. Once the land is handed over, the rehabilitation process will be expedited, he added.
Committee to be Headed by Retired Chief Justice
However, senior advocate Janak Dwarkadas, appearing for the NGO, opposed the government’s plan to relocate encroachers on land at Marol-Maroshi, saying it was a no-development zone (NDZ). “It was expressly rejected last year. It’s not as if the government doesn’t know it’s NDZ,” he said.
The Marol-Maroshi plot was suggested last October. At that time too, the move was opposed by the NGO pointing out that the plot falls within Aarey Colony, a Notified Forest and eco-sensitive zone where no development is permitted.
The court then indicated that the panel would be formed headed by retired Chief Justice Dilip Bhosle, with former Maharashtra DGP Subodh Jaiswal and ex-Chief Secretary Dr. Nitin Kareer as members. “Since the former Chief Justice will be the final authority, there should not be a clash of egos,” the bench observed, adding that terms of reference and a time frame of the committee should be formulated.
The court also accepted Saraf’s suggestion to include the chief conservator of forests as a member.
Encroachers Must Vacate Park
There are nearly 20 intervention applications by eligible encroachers and others in the matter, seeking rehabilitation.
The court said that committee could hear the intervenors and form opinion and give report. However, the court has clarified that the enctoachers would have to leave the park. “Let the (committee’s) report come. If the report is not positive we will vacate stay (on removal of encroachers). You have to leave. You can’t say you have a right to stay there only,” the bench emphasised.
Ongoing Violations Cited by NGO
Dwarkadas pointed out that encroachments and even cement units continue to operate alongside the park despite earlier orders. “They said last time they will remove it in 15 days. Nothing has happened so far. The only remedy is to take out contempt — someone will go to jail, but the park will not be saved,” he remarked.
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Government Yet to Act Despite Budget Allocation
Earlier this week, the court had directed the state to finalise land for rehabilitation or face contempt proceedings. Despite MHADA allocating Rs 200 crore in its 2025-26 budget for the purpose, the government has yet to act.
The court will pass a detailed order constituting the committee and finalising its mandate.
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