ASN 1 NMS-348.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.348 OF 2010 IN PIL WRIT PETITION NO.2025 OF 2004 Appa Pada Rahivasi Seva Sangh. ..Applicant. Vs. State of Maharashtra and ors. ..Respondents. And Taramati Charitable Foundation. ..Applicant. Mr.Anuj Narula i/by Jhangiani Narula Associates for the Applicant. Mr. K.R. Belosey “A” Panel Counsel for the State. Mr.Gautam Patel for the petitioner in W. P. No.305/1995. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Wednesday, 8 h June, 2011 PC: The applicant claims to be a charitable trust for extending the help and support for poor and needy people of the society. The applicant claims to represent the interest of 275 persons who are occupying slums in Sanjay Gandhi National Park. Under the scheme formulated by the High Court those who were genuinely occupying the area in Sanjay Gandhi National Park prior to 1st of January, 1995 were directed to be rehabilitated by the respondent. Accordingly, the State Government has offered package for removal of the slums from Sanjay Gandhi National Park to the persons who were occupying such slums on ASN 2 NMS-348.sxw 1st January, 1995 and prior thereto. The Scheme was initially announced in the year 1999 and the slum dwellers were required to pay Rs.7000/- in instalments. The list of eligible encroachers was also directed to be displayed by the Dy. Director of Forest. The aforesaid time limit was extended from time to time and as many as on seven occasions. Ultimately when the third party again moved this Court for extension of the time limit, by order dated 10th January, 2008, this Court extended the time limit for making the payment of Rs.7000/- by two weeks from the date of the order. It appears that thereafter again on behalf of a large number of persons PIL Nos. 83 of 2008 and 84 of 2008 were filed for extension of time limit for depositing sum of Rs.7000/-. The said petitions were dismissed by an order dated 29th August, 2008 by this Court and this Court specifically observed as under:- “The matters have been pending for orders for months together before this Court and it was after great difficulty that the orders of the Court were implemented by the State to some extent. Earlier, the applicants who were found to be eligible for alternate accommodation were granted time to deposit the money in terms of the policy which was decided by them and the rehabilitation scheme in force. If every day new application would emerge despite the fact that the matters had been pending before this Court since 1995 and despite continuous orders passed in different writ petitions for clearance of the forest area, it will be difficult to implement the directions. ASN 3 NMS-348.sxw But here admittedly, and apparently, not only that the time prescribed under the policy is over but even the time extended by the Court from time to time is also over. The Court having expressed the final view in no uncertain terms that no further extension would be granted and that the order had taken effective view for considerable time, it will be unfair to the other persons who claimed benefits under the Scheme and wanted to pay the amount but had been granted no extension. The first survey conducted had shown limited number of slum dwellers. Now by passing of time the slum dwellers in excess of total number of the earlier slum dwellers are coming out before the Court in the present form of public interest litigation, with no details, no documents and without proper averments.” 2 In the present notice of motion, the trustee of the applicant trust has submitted that poor slum dwellers had no funds to make the deposit of Rs.7000/- and therefore, they could not come earlier. 3 When this Court had already passed order in the similar circumstances and specifically held on 29th August, 2008 that time limit cannot be extended, otherwise every day new application would emerge despite of the fact that matters had been pending in this Court since 1995 and despite continuous orders passed in different writ petitions for clearance of the forest area, it will be difficult to implement the directions; the Court having expressed no further extension will be granted, it is now not open to this Court to grant extension to the persons on whose behalf the present notice of motion is filed. As specifically noted by this Court that first survey conducted had shown limited number of slum dwellers and in the passage of time number has been ASN 4 NMS-348.sxw increased, this Court is not inclined to entertain such application. It appears that the persons who never claimed to be the slum dwellers in the year 1995, under the guise of the Scheme, defeating the very object of the Scheme, approached this Court for extension of time limit for payment of the amount. The relief can be granted only to slum dwellers in whose possession private forest area was on the first of January, 1995 or prior to it. 4 For the reasons aforesaid, we see no merit in this application and the Notice of Motion is accordingly dismissed. CHIEF JUSTICE GIRISH S. GODBOLE, J.