Transfer 10,000 ha mangrove land to forest dept in 2 months: HC to collectors

A division bench of justices Revati Mohite-Dere and Sandesh Patil passed the order on a contempt petition filed by Mumbai-based NGO Vanshakti in 2018

MUMBAI: The Bombay High Court on Thursday came down heavily on six district administrations in the Konkan region for failing to implement its earlier orders regarding mangrove conservation. It directed the district collectors of Mumbai City, Mumbai Suburban, Thane, Palghar, Raigad and Sindhudurg to hand over 10,000 hectares of identified mangrove land to the Maharashtra forest department within two months, while also setting a detailed timeline for identifying, measuring and handing over the remaining land.

Mumbai, India - September 25, 2020: Mumbai's mangrove forests are seen dry due to pest attack at Airoli in Mumbai, India, on Friday, September 25, 2020. (Photo by Satish Bate/Hindustan Times) (Satish Bate/HT PHOTO)

A division bench of justices Revati Mohite-Dere and Sandesh Patil passed the order on a contempt petition filed by Mumbai-based NGO Vanshakti in 2018. The petition alleged that the district administrations had failed to transfer huge chunks of mangrove land to the forest department’s mangrove cell in order to be declared a protected area, despite receiving specific directions from the court seven years ago.

“We would like to know from each of the collectors as to why the order passed in 2018 was not complied with. None of the collectors have moved the court for extension, or clarified how they have complied with the directions,” the bench said.

The petition

In its contempt petition, Vanshakti had stated that although 4,000 hectares of mangrove land had been transferred to the forest department, based on the high court’s 2018 order, a little more than 10,000 hectares were yet to be transferred.

The petition further pointed out that 1,637.2 hectares of identified mangrove land, which formed a part of a 2005 map prepared by the Maharashtra Remote Sensing Application Centre (MRSAC), have not been transferred to the forest department to date. “This implies that all such mangrove forests have indeed been destroyed,” the petition said, adding that such land was directed to be identified as land capable of mangrove cultivation and restored by the government.

In response, the district collectors asked for at least six months to complete the process, stating that each district is unique and presents a different set of challenges. While certain plots belonged to various state authorities like the City and Industrial Development Corporation and the Mumbai Metropolitan Region Development Authority, others were under the Salt Commissioner and Jawaharlal Nehru Port Authority, which are part of the central government and require approvals from the respective ministries, they argued.

However, the high court noticed that mangrove land identification maps were not created as directed in 2018, while there was a nearly 20-year delay since the MRSAC prepared mangrove maps. “Even if we consider the 2018 judgment, there is a seven-year delay. We don’t like to call any officer to court, but when there is non-compliance for so long, something is amiss somewhere. How many times have the collector and forest officer visited the sites and made an assessment?” the judges said, adding that as and when new mangrove land is found, it should be handed over to the mangrove cell. “We don’t like to monitor. Only when you fail, we have to step in.”

The court has now set a detailed timeline for the district administrations to identify mangrove lands, measure them, hand them over to the forest department’s mangrove cell, and notify them as protected areas. The forest department has also been directed to update its web portal with information relating to the land received and take measures to protect the mangroves.