Navi Mumbai Mangroves To Get Legal Protection

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First published in Sanctuary Asia, Vol. 35 No. 9, September 2015

The High Court dictated an interim order to stop the destruction and facilitate the restoration of mangroves in the entire Navi Mumbai area.

In an order dated April 29, 2014, the court had instructed a total freeze on destruction and cutting of mangroves in the entire state of Maharashtra. Further it had ordered all construction and rubble/garbage dumping in mangrove areas to be stopped. Under the same order, it was also directed that regardless of ownership of the land, all construction taking place within 50 meters on all sides of mangroves shall be thwarted.

Now, a new comprehensive interim order dated August 4, 2015, directs the Navi Mumbai Municipal Corporation (NMMC) and the City and Industrial Development of Corporation of Maharashtra Ltd. (CIDCO) to undertake stringent actions for the further protection of mangrove ecosystems.

Though there may be a conflict of jurisdiction between CIDCO and NMMC, there cannot be any dispute that the bodies will be under an obligation to save the mangroves, and in those areas where the mangroves have been destroyed, to restore the same.

Considering Navi Mumbai's ambition to be a model city, it is all the more necessary for both the CIDCO and the NMMC to take all steps to protect mangroves. The court has proposed a Co-ordination Committee to be constituted under the chairmanship of the Divisional Commissioner of Konkan Division. The CIDCO, the Commissioner of Police, NMMC and the Forest Department will have to nominate officers of the appropriate rank to this committee that will meet at least once a month to co-ordinate protection activities.

The entire area of Navi Mumbai has a creek-line of 150 km. and large parts of it have already been degraded. While portions of the forest near Vashi Station, and Sector 50 and 52A in Nerul have been encroached upon, a part of the barrier wall built by CIDCO was pulled down for illegal dumping. The court ordered immediate action to be taken to restore these areas.

Lastly, CIDCO was ordered to create a mechanism to receive complaints in the form of a toll free number, via email, or through its website. The facility of registering complaints must be available on all seven days of the week, emails replied to promptly and website updated of actions taken on the basis of complaints.

The PIL shall be listed on October 21, 2015 for considering the compliance affidavits. Compliance affidavits shall be filed by the State Government, CIDCO as well as NMMC on or before October 15, 2015.

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