HC directs state to identify 3 alternate 90-acre plots for SGNP encroachers in 2 weeks

The petition highlights the state government’s failure to comply with several court orders, dating back to 1997, to rehabilitate eligible encroachers.

MUMBAI: The Bombay High Court on Wednesday expressed its disappointment over the delay in identifying alternate land for the rehabilitation of encroachers living in the Sanjay Gandhi National Park (SGNP). Stating that the process has been “stuck for a long time”, the bench directed the Maharashtra government to identify three 90-acre plots for the rehabilitation within two weeks.

Mumbai, India - November 07, 2025: MMRDA officials today began relocating 291 slum dwellings situated along the route of the 11.8 km twin-tube underground tunnel of the Thane–Borivali corridor project being constructed under the Sanjay Gandhi National Park by MMRDA and Megha Engineering & Infrastructures Ltd, in Mumbai, India, on Friday, November 07, 2025. (Photo by Satish Bate/ Hindustan Times) (Hindustan Times)

A division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad was hearing a contempt of court petition filed by the Conservation Action Trust in 2023. The NGO’s petition highlights the state government’s failure to comply with several court orders, dating back to 1997, to protect the national park and rehabilitate eligible encroachers.

In 1997, the high court directed the state authorities to clear encroachments and relocate all slum dwellers living within SGNP limits outside the park’s boundaries. According to the state forest department, approximately 2,000 tribal families reside in 43 hamlets scattered along the park’s edge. Another 24,951 families have encroached on various parts of the park and are eligible for relocation, according to a notification issued by the state’s urban development department (UDD).

As per the notification, slum dwellers who had settled on forest land prior to 1995 were eligible for rehabilitation, which would be carried out in two phases. In phase 1, 11,359 households were relocated to Chandivali in Powai. In phase 2, which is still pending, the state has to rehabilitate another 13,486 encroachers.

In January this year, the court had criticised the state government’s inaction in the matter despite several court orders over the last 28 years. The bench had also raised concerns about alleged commercial activities taking place within the park. It had then asked the state government to relocate the encroachers who had settled in the park after 2011.

During a hearing on October 23, advocate general Dr Birendra Saraf informed the bench that the state government had identified around 90 acres of land for the rehabilitation. Of this, roughly 44 acres were immediately available for development, while another 46 acres could be processed soon, subject to forest clearance, he said. The court recorded these submissions, describing SGNP as “a crown jewel for the cities of Mumbai and Thane,” and stressed the need for a coordinated, time-bound effort to safeguard the national park.

However, advocate Janak Dwarkadas, appearing for the petitioners, flagged that the court had in January directed the state to identify the land within four weeks. “That was to be done in January, but the possibility has not yet materialised. We are still to make our objections. Does it mean the committee’s hands are tied and there is no land available with the government?” he said.

The court took a strong view of the delay, stating, “You are the record keeper. You must know what land is available. The direction was passed in January. Then why have you not been able to find an alternate land? What is the difficulty? This is an important issue. If you are keeping 90 acres with you, we want another 90 acres. The project cannot remain stuck indefinitely.”

Adjourning the matter for the next hearing on December 3, the court concluded, “We want to see a regime. You suggest which area could people be (re)located to. It is not necessary that the alternate land must be in close vicinity of SGNP. The matter has come up, and it will be concluded now.”