‘Terrible’: Bombay HC steps in to save mangroves, orders removal of encroachments at Kandivali pond
The Bombay High Court has stepped in to save mangroves as it ordered the removal of encroachment on Kandivali pond so that the civic body can undertake work for conservation and beautification of the pond.
Terming the condition of a natural pond in Charkop, Kandivali (West), where encroachments and garbage are posing a threat to mangroves, to be “shocking and terrible”, the Bombay High Court on Tuesday directed the district collector to immediately remove the encroachments, after which the petitioner civic body can clear the garbage and undertake work for conservation and beautification of the pond.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing a plea filed by Brihanmumbai Municipal Corporation (BMC), seeking the removal of encroachments for beautification of the natural pond at Charkop Sector 7 in the western suburbs.
Last week, the HC had asked BMC to first remove encroachments around the pond, instead of seeking permission to build a gabion wall to protect the pond.
The proposed beautification project requires high court’s permission as per the 2018 ruling of the court that imposed a freeze on destruction of mangroves across Maharashtra and required the court’s approval to fell mangroves for public development or infrastructure projects.
The BMC claimed it has already obtained environmental clearances from the Mangrove Cell, Maharashtra Coastal Zone Management Authority (MCZMA) and State Environment Impact Assessment Authority (SEIAA).
On Tuesday, advocate Saket Mone for the BMC told the bench that garbage was getting accumulated as the surrounding area was full of encroachments and persons encroaching upon it have been throwing garbage into the natural pond that the civic body desired to conserve and beautify. He said that it was the root cause of the issue and the same was harming the mangroves.
The BMC and respondent state government also agreed that inflow of garbage in the pond would be eliminated once the encroachment is removed and after the garbage is cleaned up, the saline water would naturally flow into the pond like earlier.
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Mone submitted that the BMC, in the meanwhile, would undertake an “extensive drive” to clean the garbage and the area. Perusing photographs of the present condition of the pond, the bench termed it to be “shocking its conscience” and “terrible”.
The bench directed that during the next hearing, it should be shown photographs of the pond from the same angle and said it “would not tolerate any garbage in the natural pond”. Seeking immediate measures by the Mumbai suburban district collector, the HC posted the matter to August 6.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
