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HC Cracks Down On 30-Year Neglect: Intervenes to Preserve the ‘Crown Jewel’ of Mumbai’s Ecology

The Bombay High Court has recently intervened decisively in the long-standing issue of the protection and preservation of the Sanjay Gandhi National Park (SGNP) in Mumbai. After three decades of ineffective enforcement of judicial orders, the Court constituted a high-powered Committee (HPC) under former Allahabad High Court Chief Justice (retd.) Dilip Bhosale, to ensure the park’s protection and address persistent encroachments.

A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that the initial directions to protect SGNP were issued in 1997. Despite multiple subsequent orders pertaining to the construction of a protective boundary wall, removal of encroachments, and rehabilitation of occupants the State had shown little progress in implementing them.

"Thirty years have elapsed and various orders have been passed by this Court since 1997 but the State Government has taken no effective steps for compliance of the orders of the Court and, thus, committed gross contempt of Court. Various affidavits have been filed by the State Government seeking to place on record certain steps that they have taken and difficulties faced by them in compliance with the orders of the Court," noted the judges in their order.

Background and Court Observations

The bench  noted that since 1997, multiple orders directed the Maharashtra Government to protect the SGNP, a 104 square kilometer forest area spanning Mumbai and Thane, known for its rich biodiversity including leopards and almost 1,000 plant species, along with heritage sites such as the Kanheri Caves.

Despite these directions, only 49 kilometers of the required 154-kilometer boundary wall have been constructed, leading to ongoing illegal encroachments. The Court described SGNP as a "crown jewel" of the region, emphasizing urgent action to protect it from further degradation. The state's prolonged non-compliance was characterized as gross contempt of Court in a contempt petition pursued by petitioner Samyak Janhit Seva Sanstha.

The Court appointed former Allahabad High Court Chief Justice Dilip Babasaheb Bhosale as Chairman of the High Powered Committee(HPC). The Committee’s mandate includes supervising the completion of the boundary wall, removing encroachments, preparing rehabilitation plans for affected persons and inquiring into various pending interim applications, including the Interim Application filed by the State Government, and submitting reports on each matter to the Court.

"All agencies of the State Government shall render fullest support and co-operation and furnish such information to the Committee as may be required including office space, vehicles, secretarial assistance, police assistance and such other infrastructure or other assistance as may the Committee require," the bench ordered.

The Court directed all state agencies to fully cooperate with the HPC, warning that failure to comply may attract contempt proceedings. The Committee is required to submit its first report within three months and to ensure transparency by publicizing its members, schedule, and proceedings on official platforms.

The Government also assured the Court that land parcels totaling 90 acres would be made available soon for rehabilitating encroachers, facilitating their relocation while protecting the forest.

The court has now scheduled the next hearing on February 19, 2026.


Case Details: Samyak Janhit Seva Sanstha vs Union of India [Contempt Petition (Lodging) 9237 of 2023)

 

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Sanika Patil

Third Year BALLB Law Student

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