HC quashes NGT ex-parte order on Panje wetlands

The Bombay High Court has ordered the State Environment department to hear objections from CIDCO and NMIIA in the dispute over the Panje wetland in Uran, Mumbai. The case involves an order to restore water flow to the wetland, which is claimed to affect migratory birds and the local fishing community. The High Court set aside orders from the National Green Tribunal and directed the environment department to hear all parties within 12 weeks. The court emphasized the need to protect the fragile ecology of Uran while striking an appropriate balance with development.

URAN

HC quashes NGT ex-parte order on Panje wetlands

The dispute over `Panje wetland’ in Uran across Mumbai harbour has taken a new turn with Bombay High Court ordering the State Environment department to take up hearing of objections by CIDCO and Navi Mumbai Integrated Industrial Area (NMIIA) along with the arguments by activist Nandakumar Pawar

The case pertains to an order dated November 11, 2020 by the environment director to CIDCO and Raigad district Collector to restore intertidal water flow to Panje by opening the sluice gates built across the adjoining stream from the creek.

Environmentalists had earlier complained to the government against the intermittent stoppage of water flow to what they claim is Panje wetland claiming it affected the migratory birds as well as the local fishing community.

The environment director also mentioned that then environment minister Aaditya Thackeray too ordered a stoppage of construction activity at the wetland.

As the government order was not complied with, Pawar approached the western zonal bench of the NGT which asked CIDCO and the collector to implement the order. Pawar moved the NGT again pleading for executing the tribunal’s order which the bench obliged. CIDCO and NMSEZ (now NMIIA) filed a review petition and a six-member bench upheld the original order. Meanwhile, CIDCO and NMIIA said they complied with the environment department’s order. The duo, however, moved the High Court stating that the government’s and NGT orders were ex-parte.

A division bench of the high court comprising justices Kamal Khata and G. S. Patel have set aside the National Green Tribunal orders to CIDCO, Raigad District Collector and NMIIA.

The Court noted that CIDCO made two representations of May 21, 2021 and July 5, 2021 which are pending with the Environment Department.

The High Court quashed the NGT orders, including the review order, and directed the environment department to hear the petitioners out within 12 weeks.

“This is an unacceptable state of affairs from the perspective of administrative law and judicial review of administrative action,” the court said and observed: “However well-intentioned the communication of 11th November 2020 may have been, it could not have been issued without minimally giving notice to CIDCO and hearing it. After all, it is CIDCO that is operating the sluice gates and maintaining the holding ponds”.

Eitherthe Principal Secretary, Environment Department or the Collector could have heard CIDCO, the court remarked.

Stating that it is important to strike an “appropriate balance”, the court did not entirely quash the environment department’s order of November 11, 2020 since it was meant for the protection of mangroves.

The court ruled it is equally important that Pawar should also be heard by the State Government so that there is complete transparency in the process.

The High Court order dated January 24, was uploaded on January 29.

Pawar, who heads Sagarshakti, the marine division of Vanashakti, said his only point is that the fragile ecology of Uran must be protected at any cost. Panje wetland he claimed has been home to half a million migratory and local birds apart from being a rich source of quality fish on which the local fishing community survives.

Stated Pawar, “All I want is to protect these pristine pieces of most bio-diverse wetlands of Navi Mumbai. It is a habitat for half a million migratory birds, a rich fishing zone and natural flood mitigation area for Dronagiri node too.”

He claimed, “These natural low-lying areas if destroyed, will be a suicidal step, an invitation to disasters in terms of flooding for Uran taluka. This is a very unique, ecological fragile ecosystem which must be protected by all means.”

Added Pawar, “Although, we are not anti-development, it can however, not always be at the cost of nature and environment. We will keep pursuing this ecologically most sensitive issue until fair justice is delivered to millions of innocent migratory birds and poor traditional fishing communities among others.”

NatConnect Foundation director B N Kumar who has been running a prolonged campaign to save Panje and other wetlands claimed by environmentalists, said the state Mangrove Cell and BNHS are also keen to protect the wetland as part of the Thane Creek Flamingo Sanctuary’s satellite wetland management plan.

NatConnect had, in fact, requested the Centre and the State governments four years ago to declare Panje as a Ramsar site. It also launched a drive to impress upon the State to maintain it as an MMR Biodiversity site.

Kumar recalled that the then Chief Minister Devendra Fadnavis had even declared in his facebook post that Sewri-Mahul, Panje-Funde and NRI-TSC wetlands would be maintained as bird sanctuaries as part of the MTHL’s wildlife mitigation plan. The State Wildlife Board, at its meeting presided over by Fadnavis himself, had in fact taken a decision to this effect.

Even the national wetland atlas shows the intertidal wetland features of Panje, yet the government has unfortunately not declared the area as a wetland, he regretted.

A Public Interest Litigation filed by Stalin D of Vanashakti that seeks to declare Panje either a sanctuary or a national park or to have some other protective status under the Wild Life (Protection) Act, 1972 will be heard by the same HC bench shortly.

CIDCO, which also has a stake in NMIIA did not respond for comment. The two bodies have consistently maintained that Panje is not a wetland and that all the norms have been followed dismissing the allegations and claims of the environmentalists.