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Bombay High Court disposes petition against demolition by Mangrove Cell

The Cell had also charged the encroachers a fine of Rs 5 lakh

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In a boost for the State Mangrove Cell, the Bombay High Court disposed of a petition filed against a demolition carried out in November 2017 wherein several illegal structures built in a three-hectare reserve forest were demolished in Malwani.

The order dated March 24 by the High Court stated that the petitioners will have to bring a suit to establish and prove the right, title and interest in the property including the structures. "They can protect them from demolition by proving even prima facie their right, title and interest in the property. When such remedies are present we need not entertain these petitions," said the order disposing the petition.

As per Makarand Ghodke, Assistant Conservator of Forests, Mangrove Cell, they had demolished several illegal structures and stopped a parking lot, which was built in the reserve forest land in survey number 263 at Malwani. The Cell had also charged the encroachers a fine of Rs 5 lakh.

"It was a three-hectare land and a few people claiming to be owners of the land after the demolitions approached the High Court. Since there was no way they could prove that the land belonged to them the High Court too disposed their petition," said Ghodke, adding that the Cell has been carrying out regular demolitions in and around Malwani where there were encroachments. The Cell had dug trenches in the three-hectare land where encroachments were removed to ensure that the encroachments do not return.

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