MUMBAI: The Bombay high court on Monday sought additional affidavits from various authorities, including CIDCO and JNPT to inform how much time they would take to transfer mangrove lands to the forest department pursuant to a 2018 order and adjourned a petition by NGOVanashakti, seeking compliance, to November 15.
The high court bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni said, “Since there is no allegation in the petition to the effect that absolutely no action has been taken in pursuance of court order dated 2017, we are inclined to grant time to respondents to report extent of progress in next three months in regard to handing over of land marked as forest.”
At the hearing, the high court remarked that NGO Vanashakti’s plea was “vague” and said, “We cannot go on the basis of such vague prayers.”
The high court said that original order directing transfer of mangroves to forest department was in a 2006 PIL filed by environmental group, BEAG, “which has made no grievance of order not being complied with”.
The high court added, “on the contrary” Vansahkti, which was not a party then, has “threatened” contempt action in a fresh petition filed in 2021. The high court said, “We are of the view that petitioner has not done necessary research but being concerned, we have called for additional documents.”
Cidco, through its counsel, said it has already transferred 1,400 hectares and is in process of complying with the order.
The forest department affidavit said the department has been “diligently pursuing the issue of notifying and transferring possession of government-owned or public agency-owned mangrove land to the forest department.’’ In Mumbai city, 253 hectare is handed over and in the suburbs over 3,800 hectares while in Thane 3,262 hectare is handed over.
The JNPT in its reply denied any non-compliance and said that a contempt notice issued by Vanashakti is not maintainable.
