MUMBAI: A public interest litigation (PIL) has been filed in the Bombay High Court, accusing the state government of “systematically refusing” to initiate penal action against large-scale destruction of mangroves, private forest land, and other ecologically sensitive areas.
The petitioners, Vanashakti, a public trust working on environmental and social issues, and its director, Stalin Dayanand, cited a 2018 judgment to argue that the State has a constitutional obligation to protect and preserve all forests, including mangroves and terrestrial forests. The PIL, filed on November 22, stated that under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, state governments have been directed to strictly monitor mangroves, remove encroachments, prevent dumping of debris, and restore mangroves which have been destroyed.
Filed through advocate Zaman Ali, the petition emphasises that the Van Act has legal measures to prevent the use of forest land for anything other purpose such as agriculture, mining, construction, or building infrastructure. The act also mandates the protection of forests without prior permission from the central government.
In May 2023, the Ministry of Environment, Forests and Climate Change issued a notice to all state and union territory Forest Departments, authorising divisional forest officers (DFOs) and deputy conservators of forests (DCFs) to initiate penal action, and file criminal complaints, for violations on all forest lands under the Van Act.
Despite this, the petition alleges that the state government has failed to act against violators and has “actively abdicated” its responsibilities by claiming that only revenue or environment departments can take action under the Environment Protection Act (EPA), 1986.
In its petition, Vanashakti stated that it has repeatedly reported violations of the Van Act to the authorities, including cases of misuse, encroachment, and deforestation of privately owned mangrove and terrestrial forests. Instead of acting, officials have forwarded these complaints to the Revenue Department, the petition says.
The NGO highlighted multiple complaints to the forest department’s mangrove cell between March 2024 and July 2025. These include complaints of how a private developer had axed trees in Sion and then filled up the land with soil. People had reported that in Thane, Borivali West, and Mira Bhayandar, mangrove forest land was being used for illegal dumping, and in Malvani, trees were being cut for upcoming construction work. Although the mangrove cell found ongoing construction, debris, and mangrove felling without any permissions, it took no action and merely asked the collector to intervene.
The petition adds that when authorities were questioned about ignoring their responsibilities, they cited a Maharashtra government resolution dated December 19, 2018, which states: “In case of private mangrove areas, action shall be taken under the Environment (Protection) Act, 1986 by the competent authority (Revenue Department).”
However, Vanashakti argued that interpreting this GR to exclude the Forest Department’s powers and the Van Act is incorrect, especially when laws and court rulings say otherwise. “The Van Act expressly prohibits use of forest land for non-forest purposes without prior approval of the Central Government. This mandate applies equally to private forest lands, thereby restricting any activities contrary to the Van Act”, the petition said.
The petitioners said the authorities’ refusal to act against violations on private mangrove forests is “frustrating the enforcement of a central legislation” and amounts to a breach of statutory duty. Vanashakti has therefore urged the High Court to direct the authorities to initiate legal proceedings against all persons who have violated the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, in relation to all privately owned mangrove and terrestrial forests in Maharashtra.
The petitioners said that by refusing to act against violations on private mangrove forests, the authorities are blocking the enforcement of a central law and failing in their legal duty. Vanashakti has asked the high court to order the authorities to initiate legal action against everyone who has violated the Van Act on privately owned mangrove and terrestrial forests in the state.