Bombay High Court Forms High Power Committee Under Former Allahabad Chief Justice After 30 Years of Inaction by State to Protect Sanjay Gandhi National Park
Sanchayita Lahkar
The High Court of Judicature at Bombay, Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, noting the Maharashtra Government’s failure over the past three decades to safeguard the Sanjay Gandhi National Park (SGNP) in Mumbai’s Borivali area, directed the formation of a High Power Committee headed by former Allahabad High Court Chief Justice (retd.) Dilip Bhosale. The Court observed that despite multiple orders since 1997 for constructing a boundary wall and removing encroachments, compliance had remained incomplete. The Committee has been tasked with recommending measures for protection of the SGNP, overseeing rehabilitation, and ensuring enforcement of prior judicial directives.
The proceedings arose from a contempt petition filed by Samyak Janhit Seva Sanstha against the Union of India, alleging non-compliance with judicial directives regarding the protection of Sanjay Gandhi National Park. The petition referenced prior orders of 1995, which aimed to safeguard approximately 104 square kilometres of the SGNP area within Mumbai and Thane. The petitioner contended that despite the passage of thirty years, the State Government failed to effectively implement the Court’s orders, thereby committing contempt.
The Court noted that while several affidavits had been filed by the State detailing the steps taken and difficulties encountered, the core directions remained largely unfulfilled. The petition stated satellite imagery demonstrating incomplete construction of the boundary wall, revealing that only 49 kilometres of the 154-kilometre perimeter had been secured. This, according to the petitioner, had led to ongoing encroachments within the park.
The matter was also heard alongside a series of related Interim Applications and a Public Interest Litigation involving multiple applicants, including residents and environmental groups. The Court had earlier issued orders on various dates, including 22 August 2024, 9 October 2024, 9 January 2025, and 14 January 2025, reiterating the need for compliance. However, as the encroachments continued unabated, the Bench called upon the State to identify land for rehabilitation and explore the formation of a High Power Committee to facilitate effective implementation.
In its order dated 16 October 2025, the Division Bench observed that “thirty years have elapsed and various orders have been passed by this Court since 1997 but the State Government has taken no effective steps for compliance of the orders of the Court and, thus, committed gross contempt of Court.” The Court noted that multiple orders intended to protect SGNP—issued in 1997, 1999, 2000, and reaffirmed by the judgment of 15 September 2003—had remained unimplemented for nearly three decades.
The Bench recorded that “this has perhaps led to further encroachments in SGNP.” Referring to the materials submitted, the Court stated that “the Google Earth images of SGNP annexed at Exhibit ‘O’ to the petition show that the construction of boundary wall around the SGNP and the removal of encroachments are not complete.” It also acknowledged that “the boundary wall is constructed only for approximately 49 kms out of 154 kms.”
To address the persistent non-compliance, the Bench recorded the assurance of the Advocate General, Dr. Birendra Saraf, that “the State is taking all steps to comply with the orders passed by this Court and submitted that out of 90 acres of land to rehabilitate the encroachers, approximately 44 acres land would be immediately made available for residential development.” The Court noted that the balance 46 acres would be processed soon if not included in the final forest notification.
The Court further stated that “to ensure that steps are taken for protection of SGNP, a crown jewel for the cities of Mumbai and Thane,” a structured mechanism was essential.
The Court ordered the constitution of a High-Power Committee to oversee all aspects of SGNP protection and compliance with prior judicial orders. The Committee will be chaired by Justice D.B. Bhosale, Former Chief Justice of the Allahabad High Court, and will include Mr. Nitin Kareer, Former Chief Secretary of Maharashtra; Mr. Subodhkumar Jaiswal, Former Director General of Police; and Mrs. Anita Patil, Conservator of Forests and Director of SGNP, Borivali, as Member Secretary.
“The scope of reference of the Committee shall be as under:
(i) To ensure the expeditious construction of a boundary wall along with the limits of Sanjay Gandhi National Park to prevent any further encroachments,
(ii) To suggest measures for the compliance of the orders passed by this Court and such other measures as are required to be taken for the protection of the Sanjay Gandhi National Park.
(iii) To suggest measures and steps to be taken including identification of the lands and construction and funding of rehabilitation tenements for rehabilitating the encroachers in the Sanjay Gandhi National Park.
(iv) To take inputs from all concerned agencies in identification of the lands where the construction of rehabilitation tenements can be carried out.
(v) For removal of encroachments from Sanjay Gandhi National Park.
(vi) To enquire into the various Interim Applications pending before this Court including Interim Application No.9878 of 2025 filed by the State Government and after hearing of the necessary parties, submit a report to this Court as regards each of the pending Interim Applications.”
The Court directed all concerned agencies of the State to provide full cooperation, including “office space, vehicles, secretarial assistance, police assistance, and such other infrastructure as may be required.”
The Chairman and Members of the Committee would receive remuneration of Rs.1,00,000 and Rs.55,000 respectively per sitting. It cautioned that “any failure to render assistance to the High Power Committee or refusal or disobedience of any request, order, directions of the High Power Committee shall be treated as breach of this order and appropriate proceedings including contempt proceedings may be taken against the concerned persons.”
The Committee has been directed to submit its first report to the Court within three months of its first meeting. The State Government has also been instructed to publish on its website the details and meeting schedule of the Committee to ensure transparency.
Advocates Representing the Parties
For the Petitioners: Mr. Janak Dwarkadas, Senior Advocate, with Ms. Namrata Vinod, Advocate, i/by Jaykars, Mr. Hemant Ghadigaonkar, Mr. Sandesh More, and Mr. Hitendra Gandhi, Advocates.
For the Respondents: Dr. Birendra Saraf, Advocate General, with Mr. Vishal Thadani, Additional Government Pleade; Mr. Rajiv Chavan, Senior Advocate, with Ms. Priyanka Chavan, Ms. Sonam Pandey, and Ms. Asmi Desai for the Union of India; Ms. Oorja Dhond, i/by Ms. Komal R. Punjabi, for the BMC; and Mr. Vijay Patil, Senior Advocate, i/by Mr. Abhijit M. Patil, for the SRA.
Case Title: Samyak Janhit Seva Sanstha v. Union of India
Case Number: Contempt Petition (L) No.9237 of 2023 with PIL No.48 of 2023
Bench: Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad
