HC expresses concern over rehab plans on 90 acres of SGNP land

The Bombay high court on Thursday expressed concern over the government’s plan to construct rehabilitation tenements for eligible encroachers on an ‘eco-sensitive zone’ in the Sanjay Gandhi National Park (SGNP).

MUMBAI: The Bombay high court on Thursday expressed concern over the government’s plan to construct rehabilitation tenements for eligible encroachers on an ‘eco-sensitive zone’ in the Sanjay Gandhi National Park (SGNP). The court directed the state government to file an affidavit addressing these concerns and pulled up the conservator of forests for contempt of court for not following previous court orders.

Mumbai, India - 1 April 2018: Anand 6year old Royal Bengal Tiger cools himself in water pond at Sanjay Gandhi National Park,Borivali in Mumbai, India, on Sunday, April 1, 2018. (Photo by Pramod Thakur/ Hindustan Times) (Hindustan Times)

The court was hearing a contempt petition on Thursday filed by Conservation Action Trust in 2023, in relation to a Public Interest Litigation (PIL) filed by Samyak Janhit Seva Sanstha in 1995, pertaining to government’s inaction in rehabilitating slum dwellers despite several court orders over the years. The petition raises objections to the constructions of rehabilitation tenements on land within SGNP.

In a meeting held on October 3, 2024, under the chairmanship of the chief secretary of the state, it was decided that MHADA will initiate the bidding process for constructing rehabilitation tenements for eligible encroachers on 90 acres of land at Marol-Maroshi, within the national park.

The state government informed the high court about this rehabilitation plan by filing an affidavit, after which the court directed its implementation. The court also directed an affidavit to be filed indicating the steps to be taken during the intervening period.

Advocate general Birendra Saraf on Friday informed the court that a meeting, chaired by the additional chief secretary (housing), was held on January 7, 2025, where the implementation of directions issued by the court was discussed and it was decided to transfer 90 acres of land situated at Marol-Maroshi to MHADA.

However, senior advocate Janak Dwarkadas submitted that the plot of land needs to be saved from such constructions, as it is a catchment area of five natural lakes that supply drinking water to the city. “More and more people are coming to reside in that area, and the authorities have done nothing to protect it. The hill slopes are occupied by people from slums,” Dwarkadas said.

The division bench of chief justice Devendra Kumar Upadhyaya and justice Amit Borkar directed the state authorities to file an affidavit, bringing on record the minutes of the meeting held on January 7, 2025. Showing its concern for the ‘eco-sensitive zone, the court clarified that its stance was to prevent environmental damage at all costs.

Taking a stern view of the inaction of the forest officials in protecting the eco system, the court said, “We want the city to be liveable. You are doing harm to yourself and to the city. There is already a shortage of water in the city. Where will you get water to drink from, if you hold constructions over the lake. How can you be so insensitive to such issues?”

Listing the next hearing date for January 14, 2025, the court instructed that the affidavit should contain the objections raised by senior advocate Janak Dwarkadas against construction of tenements for rehabilitation purposes on SGPN land.