Mumbai: Observing that “prima facie” there was breach of its 2018 order regarding handing over of mangrove areas to the Forest Department, the Bombay High Court has directed the government and other authorities to file an affidavit detailing the position on record and time schedule for the compliance of the order of this court.
“Prima facie, therefore, the respondents will have to be considered as in breach of the order of this court and the consequences of the same could ensue,” observed a division bench of Justices Nitin Jamdar and Sandeep Marne.
However, the bench has directed the respondents, government, CIDCO, MMRDA and other planning authorities, under which there are mangrove areas, to file a detailed affidavit to place the position on record and time schedule for the compliance of the order of this court.
“However, before proceeding further on that premise (breach of order), we grant time to the respondents to place the position on record and time schedule for the compliance of the order of this court. The affidavit should be filed by each of these respondents arrayed in this petition,” the court said.
“Filing of this affidavit shall not be delegated to any lower authority, considering the importance of the subject matter,” it added. The HC was hearing a public interest litigation (PIL) filed by NGO Vanashakti seeking compliance of the orders passed by the high court on September 17, 2018. The order was neither set aside, nor modified.
The court noted that neither the state government nor the authorities had filed an application seeking extension of time for complying with the orders.
HC Declared Mangroves On Govt-Owned Lands As Protected Forests In 2018
The HC, in 2018, had directed that the mangrove areas that are on government-owned lands will be handed over to the Forest Department within a period of 12 weeks from the declaration of the same as “protected forests”. “From the list of ‘mangrove areas’ so identified, government-owned lands will automatically be declared/notified as ‘protected forests’. Likewise, privately-owned lands from the list of mangrove areas identified, the same will be declared/notified as ‘forests’,” the HC had directed.
The court had also directed the secretary of the revenue department, after taking possession of the mangrove land, to update the revenue records to ensure that the said Government lands are shown as “protected forests” within a period of 12 weeks from the same being declared as “protected forests”.
The HC has kept the matter for hearing on September 11.
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