SC upholds HC order on demolition of 12-ft wall around Kanjurmarg dump

“We direct that the order dated January 8, 2014, passed by the High Court shall remain operative and all parties shall act in compliance and in accord with the above order. The impugned order passed by the High Court as well as the orders by the National Green Tribunal (NGT) stand modified as above,” read the SC order.

As per the CRZ notification of 2011, only live fencing and barbed wire fencing with vegetative cover is permissible in CRZ area, where the project stands. Of a total 141.77 hectares, 23 hectares of mangroves (two patches) exist within the project boundary. The MoEF order stated that proposed activities such as leachate collection tank, site office, substation, workshop, landfill gas collection shall not be constructed within CRZ.

According to the MCZMA’s report, one of the mangrove patches is highly degraded and the mangroves are either dying or cut. The committee noted that flushing of tidal waters to this patch is blocked by the wall construction and this is a major cause for the degradation of mangroves,” the report said.

NGO Vanashakti had approached the NGT appealing against the MoEF order on January 15, following which the NGT passed an ex-parte order restraining the contractor from carrying out any reclamation and land filling at the site, till the State Level Expert Appraisal Committee approves a proposal by the BMC for change in technology for waste management. The contractor was also ordered to demolish the wall.

The BMC’s solid waste management department said their legal department is going through the SC order. “We have represented our case before the MoEF and have asked it to relax the norms to allow us to have the wall.  We will wait for the MoEF’s reply before demolishing the wall,” said Minesh Pimple, deputy chief engineer, SWM projects. “There were no mangroves on the plot according to the 2000 Coastal Zone Management Plans (CZMP) map, but because bunds were broken, tidal water came in and mangroves grew.”

“The fact that mangroves are present in the CRZ area shows that there is influx of tidal water and the MCZMA report shows that the wall has blocked this water. If it is the question of place for waste disposal over environmental concern, MMRDA has 500 hectares in Shilphata area near Mumbra. If the BMC enforces waste segregation, it would not even need such a huge facility,” said D Stalin, project director, NGO Vanashakti.

mumbai.newsline@expressindia.com