Bombay HC slams BMC for ‘flouting’ mangrove order

The BMC was contesting an order passed by National Green Tribunal, which directed the civic body to demolish the compound wall around the 3,000-tonne bio-reactor plant on the Kanjurmarg ground.

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The tribunal had observed that the boundary wall was illegal and impermissible.

“Not only that, but it is possible that construction of such boundary wall may enhance the height and level of the ground at the site and water from the CRZ area from south side and surrounding area may gush inside the landfill site in question, which will cause environmental damage,” it had said in its order.

In his argument, Kamdar insisted that the compound wall was a “necessity”. “It is a necessity to have the project running,” he said while admitting that the construction of the wall was done without obtaining permissions from the Forest Department.

The BMC later applied to the Maharashtra Coastal Zone Management Authority (MCZMA) to have the wall regularised.

This did not go down well with the court. “How could you construct the compound wall in the first place without obtaining permission?

First you carry out the illegality, then you say you will get it regularised?” it said.

For the criminal offence, the court said, it would not even spare the municipal commissioner. “Or the forest department if they are in violation,” the HC added. On inquiry with the MCZMA lawyer Sharmila Deshmukh, the court established that the body was not in a position to regularise the compound wall.

Vanashakti, the NGO opposing the BMC petition, was represented by senior counsel Gayatri Singh along with Zaman Ali. On April 25, the municipal commissioner will have to present his stand on the issue through the counsel and also inform when the BMC plans to demolish the wall.

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