Vanshakti A Public Trust And Anr vs Revenue And Forest Department And ...
2023 Latest Caselaw 9489 Bom

Trupti                                1                    2-pil-14-2021.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

          PUBLIC INTEREST LITIGATION NO. 14 OF 2021

Vanashakti, a Public Trust and Another      ... Petitioners
      versus
Revenue and Forest Department,
State of Maharashtra and Others             ... Respondents
                                ......
Mr.Zaman Ali for the Petitioners.
Ms. Jaya Bagwe for Respondent No.4 (MCZMA).
Mr.G.S.Hegde,Senior Advocate with Ms.P.M.Bhansali for
Respondent No. 5( CIDCO).
Mr. Ajay G. Khaire for Respondent No 6 (MMRDA).
Mr. S.A.Bhalwad with Ms.Usha Singh for Respondent No. 7.
Mr. M.M.Pabale, AGP for Respondent Nos. 8 to 13-State.
                                ......
                           CORAM : NITIN JAMDAR &
                                  SMT. MANJUSHA DESHPANDE, JJ.

DATE : 11 SEPTEMBER 2023

P.C.:

Pursuant to the earlier order, Respondent No. 7 has filed additional affidavit. The learned AGP states that reply is filed on behalf of Respondent Nos. 1 to 3 and 8 to 13. The learned AGP states that copies would be placed on record. Reply is filed on behalf of Respondent No.5. Additional reply is being tendered on behalf of Respondent No. 7.

Trupti 2 2-pil-14-2021.doc

2. We note that apart from issuing directions in clause (C) which are noted in the earlier order of which grievance is regarding non- compliance, the Division Bench has also directed the State Government to constitute a Committee headed by the Divisional Commissioner in accordance with para 68 of the judgment for preservation and conservation of mangroves and for restoration. The clause (D) of the order reads thus :

"(D) We direct the State Government to constitute a Committee headed by the Divisional Commissioner, as agreed by the State Government. The Committee and subcommittees shall be formed in accordance with the observations made in paragraph 68 above. The committee shall be responsible for the preservation and conservation of mangroves, for restoration of reclaimed mangroves areas set out in paragraph 73 above and for implementation of the directions in this Judgment. The Committee shall be constituted within a period of one month from today. The subcommittees as observed in paragraph 68 shall be constituted within two months from today. The Committee shall hold regular meetings and the minutes of the meeting shall be made available on public domain as observed in paragraph 68 above. As directed under the order dated 6th October 2005, the Principal Secretaries of (1) Environment, (2) Revenue and (3) Forest Department of the Government of Maharashtra shall be overall incharge for ensuring total compliance with the directions issued under this Judgment and Order. They will monitor the working of the Committee headed by the Divisional Commissioner".

Trupti 3 2-pil-14-2021.doc

Therefore, the Principal Secretaries of Environment, Revenue and Forest Departments of the Government of Maharashtra are overall in-charge of ensuring compliance with the directions and they will monitor the working of the Committee headed by the Divisional Commissioner.

3. The learned AGP states that the Committee is constituted under the Chairmanship of the Divisional Commissioner. The learned AGP states that this Committee has been regularly holding its meeting. The learned AGP states that the Government Resolution/ order constituting this Committee and its ambit will be placed on record. The learned AGP states that the Committee has conducted its meeting in August 2023 and the minutes of the said meeting will be placed on record.

4. Apart from the work entrusted to this Committee by the Government of Maharashtra and the orders of this Court, the said Committee headed by the Divisional Commissioner will also look into the issue raised by the Petitioners and file a comprehensive affidavit as to what is expected from each of the Respondent and whether task is fulfilled. We also expect that the affidavit that is to be filed by the Divisional Commissioner would be after reconciling the stand with the Forest Department so there is no conflict between the stands. This affidavit filed by the Divisional Commissioner shall

Trupti 4 2-pil-14-2021.doc

be vetted by the Principal Secretary, Forest Department before filing the same in this Court.

5 Let the comprehensive affidavit as directed be filed by the next date.

6. Stand over to 12 October 2023.

(SMT. MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)