BOMBAY ENVIRONMENTAL ACTION GROUP Vs. A R BHARATI

JUDGEMENT

(1.) THE Sanjay Gandhi National Park, which is a "Protected Forest" under the Indian Forest Act, 1927 and has also been notified as a "National Park' under the provisions of the Wildlife Protection Act, in view of large-scale encroachments therein, had been subject-matter of this Petition and, from time to time, various directions have been issued. These encroachments were brought to judicial notice by Bombay Environmental Action Group by filing this Petition. According to the Government, there are about 60,000 unauthorised structures in the National Park. The learned Advocate-General states that, out of this number, approximately 33,000 are pre-1st January 1995 structures and, thus, eligible for allotment of alternate sites. Regarding the remaining, learned Advocate-General submits that the authorities have undertaken demolition programme and around 20,000 structures have already been demolished. In view of the submission of the learned Advocate-General that large number of eligible slum-dwellers will be re-located on land located in Kalyan, we have been adjourning this matter from time to time, so that the State Government may inform the Court as to when the actual process of relocation can start after providing basic amenities such as roads, drainage, electricity, water supply etc. and when the eligible slum-dwellers will be allotted pitch of 15 ft. x 10 ft. each. In terms of the order dated 7th May, 1997, the encroachments should have been removed within a period of 18 months. Since no worthwhile progamme was made for removal of those who may be eligible for alternate sites, this Court, by Order dated 28th April, 1999, directed the concerned authorities to complete the work of measurement of land, preparation of layout and approval, actual marking of roads/plots as per layout on site and preparation of estimates of road, drainage, sanitary facilities, water supply, electricity, land filling etc. not later than two months. The Government was further directed to file status report regarding the implementation of these directions while adjourning the case to 9th July, 1999. The said Order further required the Government to provide details of land for re-location of the remaining encroachers by filing an affidavit of the concerned officer.

(2.) ON 5th July, 1999 after noticing the submission of learned Advocate-General and also perusing the Minutes of the Meeting dated 14th June, 1999 convened by the Chief Secretary, we directed an affidavit to be filed by the Chief Secretary of the State. In terms of the said Order, Affidavit of the Chief Secretary dated 15th July, 1999 has been filed, but it does not set out all that was required to be stated in terms of the Order dated 28th April and 5th July, 1999. Be that as it may, we have further heard the submissions with a view to issue directions to facilitate the removal of the encroachments from Sanjay Gandhi National Park in terms of the Order dated 7th May, 1997.

(3.) THE next question is regarding the protection of the National Park by construction of boundary wall along the periphery of the said Park. According to the learned Advocate-General, it is not practical to construct the boundary wall along the entire periphery and, instead, the State Government will construct boundary wall at the strategic points to the extent of 22 K.M. Learned Advocate-General further states that, pursuant to earlier orders, the State has sanctioned 50 additional posts of forest guards and the said posts will be filled in shortly and additional vehicles will be provided as per the directions given by this Court.