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Bombay High Court Restores Kanjurmarg Mangroves as Protected Forest

The court invalidated a 2009 state notification de-notifying the land, citing violations of the Forest Conservation Act, and granted BMC three months to secure legal clearances.

The division bench ruled that the de-notification of plot as forest land was erroneous, unsustainable and in conflict with provisions of the FCA (HT Photo)

Overview

  • The Bombay High Court declared the 120-hectare Kanjurmarg site a protected forest, overturning its 2009 de-notification for landfill use.
  • The court ruled that the de-notification violated the Forest Conservation Act as it bypassed mandatory central government approval.
  • Natural mangrove growth on the land classified it as Coastal Regulation Zone-1, automatically granting it protected forest status.
  • The Brihanmumbai Municipal Corporation (BMC) has been given three months to obtain forest clearance or identify an alternate dumping site.
  • The Maharashtra government may challenge the ruling in the Supreme Court through a Special Leave Petition.