The Bombay High Court (HC) has instructed the Maharashtra government to inspect and verify the mangroves under the City and Industrial Development Corporation (CIDCO) within the next four weeks.
The High Court was addressing a public interest litigation (PIL) filed by the NGO Vanashakti in 2021. The PIL sought compliance with an order issued by the High Court on September 17, 2018.
This order required the Forest Department to take control of mangrove areas on government-owned lands within 12 weeks of their declaration as "protected forests." Both private and governmental agencies own these mangrove lands.
According to Vanashakti's attorney, Zaman Ali, almost all departments, except CIDCO, have followed the court order from 2018. They have all surrendered mangrove land to the Forest Department. However, CIDCO has not yet transferred 685 hectares of mangrove land.
The court issued the order to make sure that the previous directive was followed. If the government fails to follow the order, the court may require the presence of a higher officer from the Revenue and Forest Department to make sure of compliance.
Maharashtra has over 32,000 hectares of mangroves. 16,984 hectares of these are classified as legal forests. These areas can only be used for non-forestry purposes with permission under the Forest Clearance Act of 1980. The Indian Forest Act (1980) protects these mangroves as forests.
The government pleader, MM Pabale, informed the court that the survey process is ongoing. He said the survey would take about two months. In response, Zaman Ali argued that CIDCO can complete the survey in two days using drones. Despite this, the court granted CIDCO an extension of four weeks for the survey and to submit a report.
The bench warned that if the order is not followed, they may need to summon a higher officer from the Revenue and Forest Department to make sure of compliance. The court has deferred the case until August 5.
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