HC forms panel to monitor rehabilitation of encroachers outside SGNP

The Bombay High Court formed a committee to expedite the rehabilitation of encroachers near Sanjay Gandhi National Park, citing government inaction over decades.

MUMBAI: The Bombay High Court has constituted a high-powered committee to oversee the long-delayed rehabilitation of encroachers living outside the Sanjay Gandhi National Park (SGNP), observing that the state government had failed to comply with its directions issued over nearly three decades.

HC forms panel to monitor rehabilitation of encroachers outside SGNP

A bench of chief justices Shree Chandrashekhar and Gautam A Ankhad passed the order on October 16 while hearing a contempt petition filed by Samyak Janhit Seva Sanstha against the Union of India. The petition alleged that despite multiple court orders, the authorities had not taken adequate steps to protect and preserve the 104-square-kilometre park, which spans parts of Mumbai and Thane.

The court noted that the first orders for protecting SGNP dated back to 1997 in a 1995 writ petition, and were later reaffirmed in a final judgment on September 15, 2003. “In the three decades since, the government and its agencies have failed to act,” the bench remarked, adding that the prolonged inaction had likely led to fresh encroachments within the park.

Citing satellite images annexed to the petition, the judges pointed out that the park’s boundary wall remains incomplete — only about 49 kilometres of the total 154-kilometre perimeter has been built. The bench observed that successive affidavits filed by the state had merely listed implementation challenges rather than showing any tangible progress. Even after repeated directions in August, October and January this year, the situation on the ground had not changed, the court said.

During the hearing, advocate general Dr Birendra Saraf informed the bench that the government had identified about 90 acres of land for the rehabilitation of SGNP encroachers. Of this, roughly 44 acres were immediately available for development, while another 46 acres could be processed soon, subject to forest clearance. 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 it.

To ensure effective implementation, the court set up a High-Powered Committee headed by former Allahabad High Court chief justice DB Bhosale. Other members include former Maharashtra chief secretary Nitin Kareer, former state DGP Subodh Kumar Jaiswal, and Anita Patil, Conservator of Forests and Director of SGNP, who will serve as the committee’s member secretary.

The panel has been directed to ensure speedy completion of the park’s boundary wall; recommend measures to secure compliance with court orders; identify land for rehabilitation; oversee removal of encroachments; and coordinate with concerned agencies for timely execution of orders.

The court directed all departments and agencies to extend full cooperation to the committee, providing office space, vehicles, police support, and other administrative assistance as required. It warned that any failure to assist the panel or any obstruction in its work would amount to contempt of court.

The committee’s members will receive remuneration of ₹1 lakh per sitting for the chairperson and ₹55,000 per sitting for each other member. The State government has been directed to publish details of the committee, its meeting schedules, and — where deemed appropriate — the minutes of meetings on official websites for public transparency.

The committee must submit its first report within three months of its inaugural meeting. The bench also appreciated the “proactive approach” of advocate general Saraf in facilitating the panel’s formation and directed that the contempt petition, along with the related PIL and interim applications, be listed again on February 19, 2025, for further hearing.