NIVARA HAKK WELFARE CENTRE Vs. A R BHARATHI

JUDGEMENT

(1.) By an elaborate order passed by this Court: Coram: M.B.Shah, Chief Justice and Justice F.I.Rebello on 7-5-1997, clear directions have been issued for enabling the State Government to carry out demolitions in respect of un-authorised structures, in the Sanjay Gandhi National Park, Borivili, Mumbai. Under clause (o) of the order, it has clearly been directed as under :-

(2.) In view of the aforesaid order, we reiterate that it will be impermissible for the Government to carry out demolitions in violations of the directions contained in the aforesaid order. We reiterate that in case of violation of the order, a sessions view of the matter will be taken. It is agreed between the parties that the occupants who are listed at Exhibit B and C to the petition, will approach the Dy. Conservator of Forests, Sanjay Gandhi National Park, Borivali (W) Mumbai-66, during office hours on 18th and 19th November, 1997 with necessary documentary evidence to establish that they are eligible for protection under the aforesaid order. It is only after the Dy.Conservator of Forests, finds that the some or all of them are not eligible for protection, then and then alone, he will proceed to carry out the demolition.