Mumbai: Bombay High Court on Monday pulled up the Maharshtra goverment in mangroves case while observing that “prima facie” there was breach of its 2018 order regarding handing over of mangrove areas to the Forest Department.
A division bench of Justices Nitin Jamdar and Sandeep Marne was hearing a public interest litigation (PIL) filed by NGO Vanashakti seeking compliance of the orders passed by the High Court on September 17, 2018.
In the said order the HC had declared Mangroves on the government-owned lands as Protected Forests.
“Prima facie, the respondents will have to be considered as in breach of the order of this court and the consequences of the same could ensue,” observed the Judges while directing the respondents, government, CIDCO, MMRDA and other planning authorities, under which there are mangrove areas, to file a detailed affidavit to place the position on record and time schedule for the compliance of the order of this court.
“However, before proceeding further on that premise (breach of order), we grant time to the respondents to place the position on record and time schedule for the compliance of the order of this court. The affidavit should be filed by each of these respondents arrayed in this petition,” the court said.
“Filing of this affidavit shall not be delegated to any lower authority, considering the importance of the subject matter,” it added.
The Court noted that neither the state government nor the authorities had filed an application seeking extension of time for complying with the orders.
