Construction around Vihar Lake violates multiple statutes, alleges PIL

These include violations of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, the Environment Protection Act, 1986, the Forest (Conservation) Act, 1980

The ongoing Brihanmumbai Municipal Corporation (BMC) construction work near Vihar Lake, within the precincts of the Sanjay Gandhi National Park (SGNP) eco-sensitive zone (ESZ), is allegedly in violation of multiple environmental statutes, as per a public interest litigation (PIL) filed in the Bombay high court (HC) city-based environmentalist and Save Aarey campaigner Amrita Bhattacharjee and three others

The PIL, a copy of which has been reviewed by HT, challenges the BMC’s proposal to build a 36km cycle track from Mulund to Mahim, under the project ‘Green Wheels along Blue Lines’ (Hindustan Times)

These include violations of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, the Environment Protection Act, 1986, the Forest (Conservation) Act, 1980, the Wildlife Protection Act, 1972, and the Wetlands (Conservation and Management) Rules, 2017, in addition to the BMC’s own Development Control Regulations (2024), which classifies the areas as a ‘no development zone’.

The PIL, a copy of which has been reviewed by HT, challenges the BMC’s proposal to build a 36km cycle track from Mulund to Mahim, under the project ‘Green Wheels along Blue Lines’. Details of this ₹350 crore project were first published by the BMC in its Environment Status Report (2017-2018).

Between August and December last year, environmentalists began raising the alarm over rapid land clearing, construction activities, tree felling and hill quarrying at the different sites around Powai lake and along the Pipeline Road which connects the IIT Powai area, Vihar Lake and SGNP. The activities drew attention as they fall within the protected area and eco-sensitive zone of the SGNP, with environmentalists saying that the work poses a serious threat to the health of Vihar lake, one of the drinking water reservoirs of Mumbai.

In January this year, at Bhattacharjee’s request, independent geomorphologist Sudhakar Thakurdesai examined photographs and satellite images of the ongoing construction activities and prepared an interim report which has since been submitted to the HC. In it, Thakurdesai expressed concern over “the changes brought about by the authorities in the catchment of Vihar Lake”, recommending that they be stopped.

“The debris is lying loose in the vicinity of the reservoir. It is the catchment area of the reservoir and so it will reach the reservoir through water-induced stream and sheet erosion... as the Vihar Lake is a small water body, the effect of this additional volume shall be notable. Also, the addition of debris shall affect the water quality both physically as well as chemically. The changes once initiated are likely to create secondary effects like rill erosion, gully formation and head-ward extension of stream channels. These will create a chain of undesired events in the catchment and will cause permanent damage to the system,” Thakurdesai noted.

While the BMC has submitted a phase-wise project details to the HC as part of proceedings ensuing from Bhattacharjee’s petition, P Velarasu, additional municipal commissioner (projects), under whose jurisdiction the work falls, did not respond to HT’s requests seeking comment for this story.

Meanwhile, earlier this week, the forest department filed an affidavit in the HC, revealing that they have registered a preliminary offence report (POR) against the BMC for constructing gabion walls along the lake’s periphery, in violation of the Indian Forest Act, Forest Conservation Act and Wildlife Protection Act.

Experts said the Bombay High Court's May 6 judgement on the construction of a cycle track around Powai Lake by the BMC -- in which the court said it was illegal and directed the civic body to remove all construction carried out so far and restore the reclaimed portions -- has set a positive precedent for the protection of Vihar Lake as well.

Stalin D, director of NGO Vanashakti (one of the petitioners in the Powai Lake matter), said, "When it comes these constructions around wetlands, the BMC has been behaving in a rogue manner by completely ignoring all environmental safeguards and processes. As the high court has done in response to our petition, we hope they will also pass relevant orders to restore the damage which has been done around Vihar Lake, too."