Bombay HC Seeks Affidavit Of State High Power Committee Secretary On Steps To Rehabilitate Residents Of Sanjay Gandhi National Park Area

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar also asked the Advocate General (AG), Dr. Birendra Saraf, to coordinate with the State High Power Committee to work out a solution for rehabilitating people at the earliest.

The case arose out of a Public Interest Litigation filed by Samyak Janhit Seva Sanstha, seeking rehabilitation of its residents in Sanjay Gandhi National Park. The petitioner-society sought relief in terms of a previous court order in Public Interest Litigation No. 305 of 1995, where the court had given certain directions for rehabilitating these residents.

Today, during the hearing, the Chief Justice pointed towards the importance of Sanjay Gandhi National Park. He orally remarked that there was study conducted by a body which captures the contribution of Sanjay Gandhi National Park.

“There has been a study conducted by some expert…perhaps IIT or such renowned institution or body...the contribution of Sanjay Gandhi National Park to Bombay is much more than the annual budget of BMC. Just imagine the contribution in terms of the environment, clean air and water to people.” Further, he remarked, “The study conducted by this body quantifies the contribution of the forest…that quantified money is more than the budget of BMC. So please impress upon the Committee…If these figures can't move them, what else is going to move them?”

The Court observed that in its previous order dated 22 August 2024, it had asked the AG to use his good offices and coordinate with the High-Power Committee headed by the Forest Minister to work out a solution at the earliest. The Court had emphasized that rehabilitating the residents would serve two purposes of rehabilitation of those entitled and clearance of unauthorized encroachment from the forest area. It was noted that encroachment was causing a lot of difficulties for the forest authorities to maintain its very character. The Court had expressed that the State Government should prepare a scheme expediently to rehabilitate the persons.

During the hearing, the AG stated that the process of making a scheme to rehabilitate the residents will likely take more time. The Court thus granted the AG further 2 weeks to "persuade the Committee so that appropriate measures may be devolved for rehabilitating the members of the petitioner-society and other residents who are so entitled." It further said in its order, “We thus again request the Learned Advocate General to coordinate with the State High Power Committee to work out solution at earliest. The member Secretary of the State High Power Committee shall file an affidavit by the next date giving details of steps taken to ensuring rehabilitation.” 

The Court posted the matter for further hearing on October 9.

Case title: Samyak Janhit Seva Sanstha vs. The Union of India & Ors. (PIL/48/2023)