SABIR SIDDIQ MALIK Vs. BOMBAY ENVIRONMENTAL ACTION GROUP

JUDGEMENT

(1.) In these appeals challenge is to the judgment of a Division Bench of the Bombay High Court in several writ petitions and notice of motion. Allegation was that appellants were encroachers in Sanjay Gandhi National Park and therefore they were to be evicted. The basic stand of the appellants is that they are not encroachers and they are not occupying any portion of Sanjay Gandhi National Park. It is their case that the High Court has shut out all remedies statutorily available. It is submitted that there has to be factual adjudication as to whether they are encroachers.

(2.) Learned Counsel for the respondent-State of Maharashtra submitted that these questions are being repeatedly raised by the appellants. There has been not once but several adjudications made by various authorities that they are in fact unauthorized occupants/encroachers who have made unauthorized constructions. It is submitted that the High Court has appointed a High Level Committee to look into the grievances to cut short the prolonged litigation and repeatedly filing of petitions to prolong the proceedings, the High Court has directed to constitute a Committee who shall entertain any proceeding in this behalf.

(3.) Whether the appellants are unauthorized occupants cannot be decided obviously in a writ petition. The Bombay Environment Action Group one of the writ petitioners had brought to the notice of the Court that there were large number of persons unauthorisedly occupying vast portion of the land in Sanjay Gandhi National Park. There is dispute that the question relating to unauthorized occupation has to be adjudicated by any competent authority statutorily.