Bombay HC Issues Notices On Contempt Plea Over Non-Transfer Of 11,203 Hectares Of Mangrove Land To Forest Department

Mumbai: The Bombay High Court has issued notices to the respondents on a contempt plea filed by NGO Vanashakti alleging non-compliance with the High Court’s orders directing the authorities to transfer over 11,203.05 hectares to the Forest Department.

HC Issues Notices to Authorities

A bench of Chief Justice Alok Aradhe (now a Supreme Court judge) and Justice Sandeep Marne recently issued notices to the respondents, including senior officials of the Forest Department (Mangroves Cell), the Divisional Commissioner of the Konkan region, MSRDC, MMRDA, CIDCO, Jawaharlal Nehru Port Trust, and the Salt Commissioners. Notices were also issued to the Collectors of Mumbai City district, Mumbai Suburban district, Thane, Palghar, Raigad, Ratnagiri, and Sindhudurg.

2018 HC Order on Mangrove Transfer

On September 17, 2018, the HC had directed that mangrove areas on government-owned lands be handed over to the Forest Department within 12 weeks from the date of their declaration as “protected forests.”

As the mangrove areas were not handed over to the Forest Department, Vanashakti filed a contempt petition.

11,203 Hectares Still Not Transferred

The NGO’s advocate submitted that approximately 11,203.05 hectares of mangrove forests have not been handed over to the Forest Department, in contravention of the HC’s directions.

“In view of the aforesaid submission, issue notice to the respondents, returnable after four weeks,” the HC said.

Non-Compliance of Survey Orders

Last year, the HC had directed the Maharashtra government to conduct a survey and physical verification of mangroves falling within the jurisdiction of the City and Industrial Development Corporation (CIDCO) within a maximum period of four weeks. However, this has not been complied with as yet.

The directions were initially issued while hearing a public interest litigation (PIL) petition filed by NGO Vanashakti.

Also Watch:

Bombay HC Disposes Lavasa Corporation Pleas Against MoEFCC Orders, PILs Alleging Irregularities Still Pending

Mangroves Classified as Legal Forests

The state has approximately 32,000 hectares of mangrove areas. Of these, 16,984 hectares are now legal forests and require clearance under the Forest (Conservation) Act, 1980, to be diverted for any non-forestry purpose. The mangrove areas are protected as legal ‘forests’ under the Indian Forest Act, 1980. These areas are owned by various state authorities as well as private persons.

In July last year, the state had contended that the process of survey was underway and would take approximately two months.