Swatanter Kumar, CJ - (1.)By this common judgment, we will dispose of these two public interest litigations. PIL (L) No.84 of 2008 has been filed by one Rajendraprasad Brijbhushan Chaube, who states that he is Municipal Councillor of Ward No.3, Mumbai, and also a member of Improvement and Law Committee of Municipal Corporation of Greater Mumbai. Being associated with the various organisations, the petitioner states that he is concerned with the protection and rehabilitation of residents and occupants of the area which is sought to be included in the forest and/or Sanjay Gandhi Rashtriya Udyan. It is claimed in the petition that the petitioner is filing the present Public Interest Litigation to protect about 5000 slum dwellers residing near Sanjay Gandhi Rashtriya Udyan and that they have been residing in their respective structures for quite some time and have made certain new structures. Public Interest Litigation being Writ Petition No.305 of 1995 had been filed in this Court for removing the unauthorised structures from the forest land and the structures in furtherance of the order of the Court are removed. According to the petitioners, as per the policy of the Government, the slum dwellers who are occupying the structures prior to the year 1995 are eligible for alternate accommodation, subject to deposit of Rs.7,000/for their rehabilitation. The total number of occupants are about 5000 families. By relying upon the orders of the Court passed in Public Interest Litigation No.76 of 2007 filed by one Nirmala Samant Prabhavalkar dated 24th January, 2008 and 31st January, 2008, it is stated that the time to deposit the amount of Rs.7,000/was extended by the Court and thus all these occupants, on whose behalf the Petitioner has approached the Court, should also be permitted to deposit the said amount and they be provided with alternate accommodation and in the meanwhile their structures should not be demolished.
(2.)According to these petitioners, these persons are also residing much prior to the year 1950, this includes the area bearing Survey No.345A.
The respondents have issued a demolition notice dated 12th August, 2008 and certain structures have been demolished. The petitioners claim that it can be demonstrated that Ketkipada cannot be included in forest as the structures do not fall in the forest area, and these structures cannot be demolished. It is further contended that there are about 250 convenient shopping on whose removal would cause great prejudice to the residents. The policy of the Government being of protecting the structures from 1995 to 2000 in the case of MMRDA, MUTP and property of Airport Authority of India, it will be discriminatory if the structures in question are not protected. On this premise, the petitioner has prayed for a direction to the respondents to rehabilitate the slum dwellers of Ketkipada and Darkhadi which structures are existing prior to 2000 and situate at boundary of Sanjay Gandhi National Park. They are not even in the forest area and as such the respondents be restrained from demolishing the structures on these two areas without demarcating the forest boundary and without providing them alternate accommodation.

(3.)In the other Public Interest Litigation being PIL (Lodg.) No.83 of 2008, Ketki Pada Dharkhadi (Dahisar) Nagarik Seva Sangh has approached the Court under Article 226 of the Constitution of India. Here also the petitioner, which is neither registered body nor a legal entity in the eyes of law, claims that it has filed the Public Interest Litigation to protect about 5500 structures which include commercial and residential structures at the boundary of Sanjay Gandhi National Park. In this petition also, a reference has been made to the earlier Public Interest Litigations being Writ Petition No.305 of 1995 and P.I.L No. 76 of 2007 and the various orders passed by the Court from time to time. It also claims to be concerned with the structures on Survey No.345A of Dahisar Village where the structures are not in the forest area and in fact the said Survey Number is about 209.25 acres on which the structures are situated, even does not form part of the forest area. It is averred that vide Notification dated 16th January, 1996 issued by Revenue and Forests Department, the said structures fell outside the National Park and in the boundary of Nagla Block of Sanjay Gandhi Udyan, Borivali.
According to the petitioner, the respondents have misused the provisions of the Forest Act and their actions are illegal and unjustifiable. It is stated that the supreme Court of India in SLP Nos.1812 to 1817 of 2004, has passed some orders and the said Petitions are pending before the Supreme Court of India. The hearing of these petitions have been expedited. The area in question not being forest area, the petitioner prays time for payment of Rs.7,000/in terms of the Government Policy should be permitted to deposit by these persons. Referring to other facts similar to the one pleaded in other petition, it is stated that the Government is not giving any indulgence for rehabilitation of the slum dwellers and, therefore, the Court should interfere with the matter and grant reliefs asked for.