Bombay HC Orders Maharashtra Govt To Develop Urgent Rehabilitation Scheme For Encroachers In Sanjay Gandhi National Park

Mumbai: The Bombay High Court on Thursday directed the Maharashtra government to come up with a scheme on an urgent basis to rehabilitate the eligible persons residing in unauthorised structures inside the Sanjay Gandhi National Park (SGNP). The court observed that it will have a dual effect; of rehabilitating the eligible persons and freeing the SGNP of encroachment, which the forest officials are finding it difficult to manage.

The HC was hearing a petition by Samyak Janhit Seva Sanstha, a society of slum dwellers inside the SGNP, seeking their rehabilitation as per earlier HC orders. In 1997 and 1999, the HC, on a PIL by Bombay Environment Action Group (BEAG), directed the state to clear encroachment from SGNP and rehabilitate eligible slum dwellers.

Advocate General Birendra Saraf informed the court that those who were covered by the earlier high court order and have made requisite deposits are entitled to rehabilitation. Though steps have been taken, construction of the tenements could not fructify, except rehabilitation of 11,000-odd residents.

Process was initiated but the project came to a standstill due to height restrictions in the flight path. Six tenders were invited but there were no takers. “A High Powered Committee (HPC) was formed in July 2023, headed by the forest minister, to see how the rehabilitation process can be expedited. We are trying to find out ways on how the construction can be carried out,” Saraf said.

“It (rehabilitation) may serve two purposes, those who are entitled will be rehabilitated and the area will be cleared of unauthorised encroachment. We understand that the forest officials are having difficulty maintaining its (forest’s) character,” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar noted.

The bench noted that these dwellers were willing to vacate the premises, hence “it is most expedient for the state to come up with a scheme urgently to rehabilitate those who are entitled”.

The court has requested the advocate general to coordinate with the HPC to work out a solution at the earliest. The HC has kept the matter for hearing on September 23.

In 1997, HC directed authorities to disconnect basic amenities like water, electricity and transport to the settlements and they were directed to remove the settlements and ensure that there were no further encroachments.