
MUMBAI, December 5: The Supreme Court has dismissed the Special Leave Petition SLP filed by about 400 encroachers in the Thane section of the Sanjay Gandhi National Park, paving the way for the Forest Department to demolish 126 commercial establishments to recover about 500 acres on Survey No 520 near Carvalho Nagar. With the rejection of the SLP by Justice S P Bharucha on November 25, the status quo order staying the proposed demolition ordered by the apex court on November 6 stands automatically lifted.
Armed with the apex court order, the Forest Department now plans to raze the illegal structures as soon as the battalion of the State Reserve Police SRP it has requisitioned arrives. Says Deputy Conservator of Forests A R Bharti: 8220;We have asked for an SRP battalion for protection and the demolition will begin as soon as it comes.8221;
In a judgement on July 11, the Bombay High Court had ordered the Forest Department to demolish all encroachments in the park on a petition filed by the Bombay Environmental Action Group in 1995. The encroachments in Thane include 126 shops and other commercial establishments, about 340 pucca residential structures and three illegal buildings. The state Forest Department plans to initially demolish the commercial structures comprising mainly engineering workshops, hotels and beer bars, before tackling the residential premises. There are 33,000 encroachers in Mumbai.
The court however recently extended the deadline for payment of the first two instalments to December 31, 1999, for residential encroachers opting for relocation in both Mumbai and Thane. According to the court8217;s order, if they fail to pay the relocation charges by then, they will be deemed as illegal and the encroachments should be demolished for recovery of the forest land.
The Bombay High Court had on October 1, lifted a stay on the proposed demolition in Thane which it had granted in August 1997. The encroachers subsequently filed the SLP in the Supreme Court on November 1.