Judgement of the High Court of Bombay regarding declaring the Aarey Colony as reserved/protected forest, Mumbai, Maharashtra, 04/10/2019

  • 04/10/2019

Judgement of the High Court of Judicature at Bombay in the matter of Vanashakti & Others Vs Union of India & Others dated 04/10/2019. Applications were filed for declaring the entire area of Aarey Colony ad measuring 1280 hectare as a ‘Reserved Forest’ or a ‘Protected Forest’ as the case may be, under the Indian Forest Act, 1927 and direct Forest Department Government of Maharashtra to issue a formal notification to that effect under the Indian Forest Act, 1927.

The bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre dismissed the writ petition and the PIL filed by the NGO - Vanashakti, saying that the approprite forum to be approached is the Supreme Court and the National Green Tribunal.

"We emphasize at the costs of repetition, pertaining to the issue of the area to be declared as a reserved forest or a protected forest since the proceedings before the Supreme Court are pending in T.N.Godavarman's case (supra) petitioners should file an application before the Supreme Court and concerning the eco-sensitive zone Notification dated 5th December 2016 an application should be filed before the National Green Tribunal," the order said.