Does Matheran need paver blocks? SC seeks NEERI report

A bench of justices BR Gavai and Augustine George Masih was dealing with applications that involved issues concerning allowing e-rickshaws in Matheran and laying paver blocks on the roads

MUMBAI: The Supreme Court recently sought a report from the National Environmental Engineering Research Institute (NEERI) on whether the Maharashtra government’s claim that paver blocks need to be installed on the mud roads of Matheran to prevent soil erosion is true.

Matheran - Kunal Story in Mumbai, India, on Tuesday, April 16, 2013. (Photo by Rishikesh Choudhary) (Hindustan Times)

A bench of justices BR Gavai and Augustine George Masih was dealing with applications that involved issues concerning allowing e-rickshaws in Matheran and laying paver blocks on the roads. The applicants had filed a plea opposing the state’s plan to lay concrete paver blocks in Matheran, contending that it was an attempt to motorise the hill station.

Automobiles are banned in Matheran, which is about 85 km from Mumbai. The only modes of transportation at the hill station are horses and manual rickshaws.

The state government, however, defended the action, claiming that laying paver blocks was necessary to stop soil erosion. The government further informed the court that, in collaboration with IIT Bombay, it was considering installing clay paver blocks instead of concrete ones.

The apex court, however, thought it appropriate to order NEERI to examine whether paver blocks were necessary to prevent soil erosion and whether an alternative was available. Calling for a report in four weeks, it directed the state government to make necessary arrangements and provide all facilities for the NEERI experts to conduct the inspection.

Long history

Whether Matheran needs paver blocks and e-rickshaws is one of several environment-versus-development battles being fought in Indian courts.

It all began in 2003, when the Union environment ministry declared Matheran an eco-sensitive zone (ESZ) to protect its unique and fragile ecology from over-tourism and the pressures of development. The decision was taken following a Supreme Court order, which relied on its 1996 ruling in the TN Godavarman Thirumulpad case, a landmark environmental litigation that resulted in a significant expansion of the definition of a forest.

The case, which led to the identification and protection of numerous areas across the country as forest land, continues to be relevant and referred to in litigations related to the environment across the country. Over the years, the scope of the matter was expanded to cover issues like deforestation, mining, and biodiversity conservation.

Nearly two decades after Matheran was declared an ESZ, the Supreme Court in May 2022 allowed the Maharashtra government to operate a limited number of e-rickshaws on an experimental basis at the hill station. The initiative was primarily to evaluate their feasibility as a replacement for hand-pulled rickshaws, which have been banned in many countries as they are considered inhuman.

However, a union of horse owners sought modifications to this order, saying that their horses had started slipping while walking on the paved roads. They contended that authorities are making extensive and permanent changes to the ecology of the hill station by introducing paver blocks. They also argued that the only pedestrian hill station in Asia is at risk of losing its charm with the introduction of e-rickshaws, adding that the pilot project would eventually lead to the motorisation of Matheran.

Advocate K Parameshwar, who assisted the Supreme Court bench as amicus curiae, countered that the lack of transportation in Matheran has caused great difficulty to its residents. Whether it was the transportation of essential commodities such as vegetables and LPG cylinders or the commute of school children, the reliance on non-motorised means of transport was evidence of a colonial mindset, he argued. Parmeshwar also said the age-old practice of using hand-pulled rickshaws should be deprecated and replaced with eco-friendly e-rickshaws.

In February 2023, the Supreme Court prohibited the installation of concrete paver blocks in Matheran until a monitoring committee, established under the Ministry of Environment and Forests, submitted its report on the feasibility of the e-rickshaw project and the laying of paver blocks.

In January 2024, the court reaffirmed that e-rickshaws should only be operated by former handcart pullers to safeguard their livelihoods. Three months later, the court restricted the number of e-rickshaws to 20 and allowed them to be used for transporting tourists and residents.