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HC questions BMC nod for construction on Goregaon wetland
HC questions BMC nod for construction on Goregaon wetland

Hindustan Times

time25-04-2025

  • General
  • Hindustan Times

HC questions BMC nod for construction on Goregaon wetland

MUMBAI: The Bombay high court (HC) on Thursday issued notices to the Brihanmumbai Municipal Corporation (BMC), the Maharashtra Coastal Zone Management Authority (MCZMA), and the Konkan Wetland Committee over alleged illegal permission for development on a recognised wetland in Goregaon West. A division bench comprising chief justice Alok Aradhe and justice Makarand Karnik was hearing a public interest litigation (PIL) filed by environmental activist Zoru Bhathena. The PIL challenges the BMC's 2023 approval granted to private developers for landfilling and construction on a 191.39-hectare plot in the Pahadi area, which, according to the petitioner, has been identified as a wetland since 1991 by the MCZMA. Wetlands are identified based on ecological significance, such as supporting migratory birds, maintaining biodiversity, or providing ecosystem services like flood mitigation. Bhathena said the site falls under CRZ-1 (Coastal Regulation Zone), as per the Wetland Atlas prepared by the MCZMA. He alleged that developers—Beeline Impex Pvt. Ltd and Pearl CosChem Pvt. Ltd—applied in 2022 to build a compound wall and carry out landfilling work. This request was approved by the BMC the following year. The petition further claims that 39,601 square metres of landfilling was already carried out around the edge of the plot, which borders mangroves. Satellite imagery used to demarcate the high tide line confirms the area is low-lying and influenced by tidal water, Bhathena said. He accused the developers of manipulating the site conditions to deceive satellite monitoring systems by blocking the natural flow of tidal water. Bhathena emphasised that, as per previous court rulings, no reclamation or development is allowed on areas listed in the wetland atlas without court permission. The PIL also states that in May 2023, the BMC altered the development plan for the same plot while allocating it for Maharashtra National Law University. The land's designation was changed to 'residential use' without altering its CRZ-1 classification. Calling the BMC's actions illegal, Bhathena has urged the court to order restoration of the wetland and to issue a permanent stay on any further development. The court has now asked the BMC, MCZMA, and the Konkan Wetland Committee to file their responses.

PIL to save Mumbai wetland: High court issues notice to BMC but does not stay landfilling
PIL to save Mumbai wetland: High court issues notice to BMC but does not stay landfilling

Time of India

time24-04-2025

  • General
  • Time of India

PIL to save Mumbai wetland: High court issues notice to BMC but does not stay landfilling

Mumbai: The Bombay high court on Thursday issued a notice to the BMC on a PIL that challenged the permission it had granted for landfilling a wetland plot at village Pahadi Goregaon in Oshiwara, Andheri (W). It, though, rejected a request for a stay on further landfilling. "We have taken cognisance of the issue because it's a genuine issue. We will do whatever is possible. Don't doubt our powers to undo a thing which is done," said Chief Justice Alok Aradhe and Justice Makarand Karnik, adding that parties will have to be heard. The judges also issued notices to the Maharashtra Coastal Zone Management Authority and the Konkan Wetland Committee. Advocate Tushad Kakalia, representing petitioner-activist Zoru Bhathena, urged the court that pending the hearing, it "direct that no further filling is done". by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo He said the plot "is a wetland and appears in the Wetland Atlas (of the central govt), a compendium of all wetlands across the country".Bhathena's petition, filed last year, stated that the low-lying plot is over 472 acres. In Nov 2023, BMC granted sanction to Beeline Impex Pvt Ltd and Pearl Coschem Pvt Ltd, who claim to be owners of a part of the land, for the "development of compound wall/fencing work and filling work". On a complaint about landfilling of the plot, Bhathena's search revealed that nearly 9.8 acres of land along the plot's perimeter and adjoining mangroves were previously filled to block the free flow of intertidal water into the plot "to fool satellite imagery to report a misleading high tide line". The plot is in coastal regulation zone (CRZ)-1, where development is prohibited, and is reflected in development plans of 1991 and 2034. Bhathena cited high court and Supreme Court orders that ban the reclamation of wetlands. In his reply, the director of the two companies denied that it is a low-lying plot affected by tidal waters or that it appears in the Wetland Atlas as an intertidal mud flat surrounded on all sides by mangroves. He said Bhathena is "trying to stall development on the subject land" by suggesting it is included in Wetland Rules and CRZ regulations.

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