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2009 Supreme(SC) 1031

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Sabir Siddiq Malik – Appellant
Versus
Bombay Environmental Action Group – Respondent


Advocates appeared:
For the Appearing Parties:Swarup Singh, Shyam Diwan, Ms. Indu Malhotra, Ms. Indira Jaisingh, Pallav Shishodia, Shekhar Nephade, P.S. Narsimha, Sr. Advocates, S.K. Chaudhary, Aniruddha P. Mayee, Ms. Sunieta Ojha, Vasuman, Ms. Shilpa Singh, Mukesh K. Giri, Mrs. Jayshree Wad, Ashish Wad, Chirag S. Dave, Sameer Abhyankar, S. Vikram (for M/s. J.S. Wad & Co.), Samrat, Ms. Kavita Wadia, Sanjay Sharawat, Vikas Mehta, D.N. Mishra, Mrs. M. Qamaruddin, Atishi Dipankar, Ravindra Keshavrao Adsure, Dilip Annasaheb Taur, Santosh Kr. Tripathi, Atul Y. Chitale, Ms. Sunaina Dutta, Mrs. S.A. Chitale, Akhil Sibal, Ankur Saigal, Ms. Bina Gupta, Ms. Anisha Ranjan, Gaurav Singh, K.D. Abhichandaani, Bhargava V. Desai, Rahul Gupta, Ms. Reema Sharma, E.C. Agrawala, S.D. Singh, Vijay Kumar, Vishwajit Singh, Ms. Asha Gopalan Nair, Advocates.

Judgment :

Dr. ARIJIT PASAYAT, J.

1.1. In these appeals challenge is to the judgment of a Division Bench of the Bombay High Court in several writ petitions and notice of motion. Allegation was that appellants were encroachers in Sanjay Gandhi National Park and therefore they were to be evicted. The basic stand of the appellants is that they are not encroachers and they are not occupying any portion of Sanjay Gandhi National Park. It is their case that the High Court has shut out all remedies statutorily available. It is submitted that there has to be factual adjudication as to whether they are encroachers.

2.2. Learned counsel for the respondent-State of Maharashtra submitted that these questions are being repeatedly raised by the appellants. There has been not once but several adjudications made by various authorities that they are in fact unauthorized occupants/encroachers who have made unauthorized constructions. It is submitted that the High Court has appointed a High Level Committee to look into the grievances to cut short the prolonged litigation and repeatedly filing of petitions to prolong the proceedings, the High Court has directed to constitute a Committee who shall ente


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