Krishnadevi Malchand Kamathia & Ors. Vs Bombay Environmental Action Group & Ors. (Supreme Court of India)
Supreme Court of India has ruled against Krishnadevi Malchand Kamathia & Ors., holding them in contempt of court for willful defiance of orders concerning land use and the destruction of ecologically sensitive mangrove forests in a Mumbai coastal area. The decision follows allegations of widespread environmental damage under the guise of bund (embankment) repairs.
Background to the Legal Battle
The dispute stems from a 2005 Bombay High Court directive that mandated the identification of mangrove areas and their notification as “Protected Forest” or “Forest,” irrespective of private ownership. In 2009, a notification incorporating the Kamathias’ land into a mangrove area prevented them from resuming salt manufacturing, an activity they claimed to have conducted since 1959.
The landowners challenged the High Court’s order and subsequently sought permission to repair a damaged bund on their property. The Supreme Court, in 2010, allowed them to approach the District Collector for this relief. The Collector granted permission on January 27, 2010, but imposed strict conditions: repairs were to be limited to the existing bund, no new construction was permitted, mangroves and vegetation were not to be destroyed, and the bund’s height was not to be increased.
