HC extends stay on construction of cycling and jogging track around Powai lake

On November 1, high court had restrained Brihanmumbai Municipal Corporation (BMC) from constructing a 10-km cycling track bordering Powai lake after it was informed that such activity would violate wetlands guidelines and rules, disrupt the natural flora and fauna associated with the lake

The Bombay high court (HC) on Tuesday extended its stay on the construction of a cycling and jogging track around Powai Lake, in Kurla taluka, till January 31, 2022. HC had, earlier this month, imposed a stay till November 18, in a response to public interest litigation (PIL) filed by Omkar Mahadeo Supekar and Abhishek Tripathi, PhD candidates at the Indian Institute of Technology-Bombay (IIT-B), alleging that the work violates the Wetlands (Conservation and Management) Rules.

The Bombay high court (HC) on Tuesday extended its stay on the construction of a cycling and jogging track around Powai Lake, in Kurla taluka, till January 31, 2022. (Pratik Chorge/HT Photo)

On November 1, HC had restrained Brihanmumbai Municipal Corporation (BMC) from constructing a 10-km cycling track bordering Powai lake after it was informed that such activity would violate wetlands guidelines and rules, disrupt the natural flora and fauna associated with the lake, and have an adverse impact on the habitat of Indian marsh crocodiles (a protected species) that live there. The PIL has also stated that in 2009, the Supreme Court had passed a judgement that had stressed on safeguarding wetlands and sought directions to BMC to comply with the same.

However, BMC refuted these claims and stated that Powai lake is a manmade reservoir, hence the area surrounding the lake would not come under the purview of wetland guidelines and rules. The court had asked the state to ascertain the claim of BMC and asked both the state and BMC to file their replies within a week. Neither party has yet filed their responses, and asked for additional time to comply. The BMC had previously informed the court that the project was in public interest.

A division bench of the HC, led by chief justice Dipankar Datta and justice Makarand S Karnik, on Tuesday directed them to do so by November 30, after which, the petitioners may submit their rejoinder by December 8. The matter will be heard next on December 13. BMC’s Projects division officials, who are privy to the development, declined to comment and said that the matter is subjudice.