Judgment :

Dr. B.S. CHAUHAN, J.

1. Civil Appeal No. 4421 of 2010 was disposed of by this Court vide judgment and order dated 7.5.2010 giving liberty to the appellants therein to approach the Bombay High Court to seek appropriate relief. During the pendency of the appeal, the appellants were given liberty to approach the District Collector concerned to seek permission to repair the bund. The Collector allowed the appellants to repair the bund subject to certain conditions. The parties in the appeal have filed three applications alleging various violations of the orders passed by this Court, as well as by the District Collector.

I.A.No. 23/2010

2. This application has been filed by the District Collector, Mumbai Suburban District, to initiate the contempt proceedings against the appellants Krishnadevi Malchand Kamathia & Ors. for violating the order of this court dated 7.5.2010 in Civil Appeal No.4421 of 2010 and his own order dated 27.1.2010 in respect of Survey No. 344 CTS No. 1 of Village Dahisar, Taluka Borivali, Mumbai Suburban District and, to issue directions to remove the newly constructed bund and allow sea water to come in so as to save the mangrove forest. Further direction has been sought against the appellants to remove the debris, soil, stones which were used to construct the bund, from the said survey No.344 to outside the area, within the stipulated period and further to restore the bund to its original position as seen in the Maharashtra Remote Sensing Application Centre map (hereinafter called MRSAC) and further to restrain the appellants from indulging in any activity which may result in the destruction of mangrove forest henceforth.

Cont. Pet. No. 169 of 2010

3. This contempt petition has been filed by the appellants to initiate contempt proceedings against the statutory authorities i.e. District Collector of Mumbai Suburban District for passing the order dated 20.5.2010 appointing the Committee to examine whether the appellants had violated the conditional order dated 27.1.2010 permitting the appellants to repair the bund in such a way that the mangroves may not die and order dated 26.5.2010 to ensure the compliance of the order dated 27.1.2010 and to remove the debris and reduce the height of the bund etc., being in violation of orders passed by this Court in the appeal.

Cont. Pet. No. 266 of 2010

4. This contempt petition has been filed by the original writ petitioner before the Bombay High Court i.e. Bombay Environmental Action Group and Anr., (hereinafter called `Action Group') to initiate contempt proceedings against the appellants for willful disobedience of the order of this Court dated 22.3.2010 passed in SLP (C) No. 29031/2009 and order dated 7.5.2010 passed in Civil Appeal No.4421 of 2010 and further to recall the permission granted by this Court vide order dated 22.3.2010 in the said case and order dated 7.5.2010 in Civil Appeal No. 4421 of 2010. Further, to give directions to open the culverts, closed channels of water and to ensure removal of debris on the subject site at the cost of the appellants i.e. contemnors Nos. 1 to 10.

5. As all the aforesaid three applications have been filed alleging violation of the same orders, the applications were heard together and all being disposed of by the common order.

FACTS:

6. The Bombay High Court while disposing of the Writ Petition filed by the Action Group vide order dated 6.10.2005 issued several directions including:

"XI. From the list of "Mangrove Areas" so identified Government owned lands will automatically be declared/notified as "Protected Forest". Likewise, privately owned lands from the list of Mangrove Areas so identified, the same will be declared/notified as "Forest".

7. In pursuance of the aforesaid direction issued by the High Court, the Divisional Commissioner, issued Notification being No. RB/Desk-II/Forest/CR-2211/Pvt./A-1 dated 18.2.2009, which included the land of the appellants Krishnadevi Malchand Kamathia and Ors. In view of the