Mumbai: The Bombay High Court rapped the State government for failing to remove encroachers from the Sanjay Gandhi National Park despite its order way back in 1997. The court also emphasised the importance of the Park’s contribution to the city while referring to a 2022 report that pegged the economic value of SGNP ecosystem services at Rs 15,12,388 crore.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar questioned the State as to how it could permit more than 11,000 encroachers inside the SGNP, despite clear direction to rehabilitate them. “How can you allow 11000 encroachers in a national park?” asked the bench.
The HC was hearing a contempt petition filed by NGO Conservation Action Trust seeking contempt action to be initiated against authorities for not implementing the 1997 HC judgment. On a petition by NGO Bombay Environmental Action Group, the HC had passed a detailed judgment in 1997 directing the authorities to clear the park of encroachment; rehabilitate the eligible persons; and ensure that there were no further encroachments.
However, till date, the authorities have failed to clear the encroachment, prompting Conservation Action Trust to file a contempt petition. NGO’s counsel Janak Dwarkadas submitted that over 11,000 people were rehabilitated in Phase 1, however, many of them have sold their tenements and returned to the SGNP.
The bench referred to a September 2022 report released by state forest minister Sudhir Mungatiwar which pegged the economic value of SGNP ecosystem services at Rs 15,12,388 crore or Rs 146 crore per hectare. The report ‘Economic value of the ecosystem services provided by Sanjay Gandhi National Park’ was designed to capture the economic benefits due to the protected area.
“That's why we had asked the Advocate General to expedite the process. If you monetize the contribution of SGNP, it is more than the annual budget of BMC. The oxygen it gives..” CJ remarked.
Dwarkadas pointed out that the park, spread over 104 square kilometers, is the “rare phenomenon within an urban body”. He also said that the High Powered Committee (HPC), headed by the forest minister, which was constituted in July 2023 to see how the rehabilitation process could be expedited, has extended the cut-off limit for rehabilitation of encroachers from 1995 to 2011.
Irked, the CJ said: “Committee is operating as if it is not bound by the original order (of HC),”
The court remarked that it will take the matter to its logical conclusion. CJ said: “We won’t leave this matter as it is. We can’t afford it. How can you allow 11,000 encroachers in a National Park? We want this park to be restituted at the earliest. We won’t let it be damaged at any cost.”
A petition was filed by Samyak Janhit Seva Sanstha, a society of slum dwellers inside the SGNP, seeking their rehabilitation as per earlier HC orders. During hearing in society’s plea, Advocate General Birendra Saraf had told the bench that they have issued six tenders over the years, for construction rehabilitation tenements, but there were no takers.
The HC has clubbed NGO’s contempt plea with the society’s plea, which will be heard on December 16.
