Charkop pond encroachments to go in 6 weeks, District Collector tells HC

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad accepted the statement placed through an affidavit and directed the concerned authorities to plant mangrove saplings once the encroachments are entirely removed

MUMBAI: Encroachments, hutments and slum structures around a natural pond in Charkop, Kandivali West, will be removed within six weeks from October 1, the Mumbai Suburban District Collector’s office has assured the Bombay High Court. The assurance came during a hearing on the BMC’s plea to clear the encroachments and undertake conservation and beautification of the pond, which lies within the 50-metre buffer zone of mangroves.

Bombay High Court. Photo by Girish Srivastava/HT 08-01-02

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad accepted the statement placed through an affidavit and directed the concerned authorities to plant mangrove saplings once the encroachments are entirely removed.

It noted that the encroachments “have eaten up the mangrove cover” and the damage will have to be undone by planting fresh mangrove saplings.

The court was hearing a petition filed by the Brihanmumbai Municipal Corporation (BMC), seeking permission to remove encroachments and undertake conservation and beautification of the pond.

The civic body told the court that it had already secured clearances from the Maharashtra Coastal Zone Management Authority (MCZMA), the Mangrove Cell and the State Environment Impact Assessment Authority (SEIAA) for the work.

However, it said permission from the high court was necessary because of a 2018 order passed in a public interest litigation filed by the Bombay Environment Action Group (BEAG). The order prohibits non-forest activities in mangroves and their 50-metre buffer zone without prior permission from the high court.

At the August 14 hearing, the BMC said the first step in the beautification process would be construction of a gabion bandhara to filter water flowing into the pond and prevent garbage from entering it.

“It will be highly appreciable if the District Administration initiates steps without being influenced by any person, however high position he may be occupying and ensure that the encroachment is removed without showing any favour to any person”, the court remarked.

It further said that the court will be monitoring the development to ensure that appropriate steps are taken at appropriate stages so the “affidavit does not appear to be an eyewash to the court”.

While allowing the BMC to proceed with the beautification work, the court stressed that merely clearing existing garbage would not be enough.

It said, “The Corporation needs to be proactive to ensure that further dumping of the garbage is prohibited and the activity of ensuring that the natural lake remains clean and garbage free, would be undertaken continuously”.

The court also directed the BMC to ensure that the lake’s ecological balance and the surrounding mangroves were not damaged by the beautification exercise.

“BMC will ensure that the contractor who gets the beautification project is strictly monitored on these aspects. If these directions are not complied with, the BMC will make sure that the contractor is personally held liable for damages and appropriate action is taken against him,” the bench said.