The alliance government's decision is contrary to its commitment before the Bombay High Court that the encroachers, who qualify for the free housing scheme, will be relocated outside the park premises, while the remaining hutments will be demolished before November 7, 1998. Under the Forest Conservation Act and Indian Forest Act any non-forest activity on forest land is an offence and attracts imprisonment of three months, which may be extended to one year.

Following an affidavit filed by the alliance government, the Bombay High Court had on May 7, 1997 directed that allpersons whose names were not in the electoral rolls prepared with reference to January 1, 1995 or any date prior thereto, shall be forthwith removed from the park and their huts be demolished. With reference to slumdwellers whose names appeared on the electoral rolls, the court directed that the government shall, within 18 months, relocate them outside the park boundaries in keeping with the existing policies of the government. The Bombay Court had passed the order on a public interest litigation filed by the Bombay Environmental Action Group (BEAG).

In fact, during the course of the hearing of the petition, the government had submitted a scheme to rehabilitate the slumdwellers. ``It is true that the court had passed the order following an undertaking given by the alliance government. However, now it is difficult for us to keep our promise. When the case comes for hearing tomorrow, we will submit our views to the high court,'' a senior official told Express Newsline today.

Besides the permissionof the high court, the government will also have to approach the Ministry of Environment and Forests for clearance.

``Even if we succeed in securing the permission, it will set a very bad precedent as a record number of applications for regularisation of encroachments on forest lands are pending before the government and also before the Centre,'' the official added.

He said after an undertaking was given to the high court a series of high-level meetings were held and it was decided to reserve some land belonging to the Maharashtra Housing and Area Development Authority for the relocation of slumdwellers. ``As per our estimates, about 330 hectares of land was required for the purpose,'' the official said.

However, the official said, the entire plan had to be abandoned after the alliance government took a decision to transfer the entire surplus land to the newly set up Shivshahi Punarvasan Prakalp Limited for the rehabilitation of slumdwellers.

``We had suggested that the SSPPL should take theresponsibility of rehabilitation of slumdwellers on the forest land too. But this idea was rejected,'' the official added.