The Bombay High Court has issued a significant directive to the Maharashtra government, ordering the identification of at least three alternative land parcels for the rehabilitation of slum dwellers residing in the Sanjay Gandhi National Park (SGNP) area. Each land parcel must measure 90 acres, and the court has given the state a strict two-week deadline to complete this task.
Court's Flexible Approach to Land Location
In a crucial development, the bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad clarified that the identified lands do not necessarily need to be in the immediate vicinity of SGNP. The court explicitly stated that the state government could also consider lands near Mumbai, providing much-needed flexibility in addressing the long-standing rehabilitation issue.
This direction came after the state government, represented by Advocate General Birendra Saraf, expressed difficulties in identifying suitable lands for the rehabilitation project. The court emphasized that all parties should work towards resolving the matter amicably, warning that failure to do so would compel the court to pass relevant orders.
Historical Context and Ongoing Legal Battle
The current hearing stems from multiple petitions, including one filed by Samyak Janhit Seva Sanstha, an association representing slum dwellers at SGNP seeking alternative accommodation. Simultaneously, the NGO Conservation Action Trust has filed a contempt petition alleging non-compliance with High Court orders from 1997 and 2003 that directed authorities to clear the SGNP area and prevent further encroachments.
The court's frustration with the prolonged delay was evident when senior advocate Janak Dwarkadas, representing the petitioner association, referenced the HC's January 14 order that expressed "dismay and astonishment" over state authorities being "lax" and "callous in attitude" since 1997 in complying with earlier court directives.
Committee Formation and Land Complications
On October 16, the High Court had constituted a high-powered committee headed by Justice Dilip B Bhosale, former Chief Justice of Allahabad High Court. This committee was tasked with suggesting measures for removing encroachments, rehabilitating eligible persons, and ensuring expeditious construction of a boundary wall around SGNP to prevent further encroachments.
The land identification process has faced multiple hurdles, particularly concerning the suburban Marol-Maroshi land parcel. Advocate General Saraf clarified that out of the total land identified by the state government, 44 acres would be made available for residential development once the zonal master plan is notified and the embargo put by the National Board for Wildlife (NBW) is lifted.
The NBW, in its meeting held on December 21, 2024, had decided that the State Government must prepare a Zonal Master Plan incorporating eco-sensitive zone provisions, and that no projects of any nature would be approved within the regulated eco-sensitive zone until such a plan is approved.
Judicial Concerns and Way Forward
Chief Justice Chandrashekhar expressed serious concerns about the viability of the Marol-Maroshi land, orally remarking, "It can't be a possibility. Possibly tomorrow it (Marol Maroshi land parcel) will be declared as a reserve forest then goes out of your hands. Then this project is stuck."
The court also addressed concerns about tree felling in Aarey forest, with the intervenor's lawyer referring to Supreme Court orders that imposed a complete embargo on further tree felling. Advocate General Saraf countered that necessary approvals could be obtained from relevant authorities, including permission from the Supreme Court if required.
Considering the complexity of the issue, the High Court has posted the matter for next hearing on December 3. The bench clarified that the panel constituted as per the October 16 order shall proceed with the matter and take appropriate decisions as indicated in the said order.
The court's directive represents a significant step toward resolving the long-pending issue of rehabilitating SGNP slum dwellers while balancing environmental conservation concerns. The two-week deadline for land identification underscores the urgency that the judiciary attaches to this matter, which has been lingering for decades.
