Court raps Maharashtra over slum rehab delay, orders sites outside green zone

The Bombay High Court on Wednesday pulled up the Maharashtra government for its prolonged inaction in rehabilitating slum dwellers living inside the Sanjay Gandhi National Park (SGNP).

The court directed the state to identify three land parcels of 90 acres each, ensuring that none of them fall within the SGNP or the Aarey Colony area.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad issued the direction while expressing displeasure over the state’s failure to relocate slum dwellers from the green zone, despite repeated court orders over the last two decades.

During the hearing, Maharashtra Advocate General Dr. Birendra Saraf informed the court that land near SGNP was available for rehabilitation but could not be used due to green zone protection regulations. The bench questioned the state’s claim, asking, “Then why are you saying that you only have 46 acres and not 90 acres?”

Advocate Zaman Ali, representing the petitioner Conservation Action Trust, opposed the proposal to use land in the Aarey area, pointing out that the Supreme Court is already hearing the issue and that construction there is not permitted.

Saraf argued that the state could seek permission from the Supreme Court to allow construction in Aarey. However, the bench observed that such a move would only cause further delays in the rehabilitation process, remarking, “It can’t be on possibility.”

The court then directed the Maharashtra government to file affidavits within two weeks, identifying three suitable land parcels outside the green zone for the rehabilitation of SGNP residents.

The bench was hearing a contempt petition filed in 2023 by Samyak Janhit Seva Sanstha, which accused the state of failing to comply with multiple court orders issued since 1997 in a 1995 writ petition seeking protection and preservation of the 104-sq-km national park spread across Mumbai and Thane.

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