NGT dismisses CIDCO plea, upholds CRZ 1 status of Panje wetland

In doing so, the NGT also upheld the status of Panje as a protected area under the Coastal Regulatory Zone (CRZ) rules and emphasised on the need to preserve its ecology

Mumbai: The National Green Tribunal (NGT) on Wednesday dismissed a review petition filed by the City and Industrial Development Corporation (CIDCO) challenging an order of the Tribunal dated April 15, 2021, in which CIDCO was directed to ensure that tidal water inlets to the Panje holding pond are opened to allow free flow of tidal water to the wetland.

The Panje coastal wetland is a low-lying area of approximately 289 hectares circumscribed by Panje, Phunde, Dongari and Bokadvira villages. (HT)

In doing so, the NGT also upheld the status of Panje as a protected area under the Coastal Regulatory Zone (CRZ) rules and emphasised on the need to preserve its ecology.

In September 2018, CIDCO had shut 76 sluice gates around the Panje holding pond in the Dronagiri node using a flood-control mechanism to close high-tide water ingress. Some gates had also been damaged, which environmentalists said was starving the adjacent mangrove forests of water. In October 2019, following complaints submitted to the state mangrove cell and interventions by the wetland grievance redressal committee, these gates were opened by CIDCO.

The Panje coastal wetland is a low-lying area of approximately 289 hectares circumscribed by Panje, Phunde, Dongari and Bokadvira villages. It is bordered by mangroves on the west and the east and has mangroves inside the wetland at some locations. The recently released National Wetland Decadal Change Atlas prepared by the Space Application Centre (SAC) and ratified by the Union Ministry of Environment, Forest and Climate Control (MOEFCC) clearly demarcates Panje as wetland with inter-tidal water, mangroves and mudflats.

For the remaining five culverts which remained blocked, Nandakumar Pawar of the Shri Ekvira Aai Pratishtan environment NGO moved the NGT, which passed the relevant order last April, as a result of which the culverts have since been opened. In its review petition, filed in September last year, CIDCO contended that due to the opening of the inlets, “creek water has entered the lands which were leased by CIDCO Navi Mumbai SEZ”. This, CIDCO claimed, “will render the land unadaptive for the purpose for which it was allotted to NMSEZ and other commercial industries.”

Rejecting this stand, the NGT noted that Panje is an ecologically sensitive area and will provide an alternate habitat for avian biodiversity which stands to be displaced by the upcoming Navi Mumbai airport. The NGT also upheld directions from the environment department dated November 11, 2020, when CIDCO was first instructed to allow tidal water flow to the land in compliance with CRZ rules. With this in mind, the Western Zonal Bench of the NGT clarified that Panje is given the highest possible protection under the CRZ rules and said that no one should interfere with the flow of sea water to the area, or set up

Clause 3(iv) of CRZ notification, 2011, prohibits the reclamation, bunding or disturbing the natural course of sea water and sets out a limited set of exceptions to this. Clause 3(xii) stipulates an absolute prohibition on any kind of construction activity in CRZ-1 except those set out in clause 8 of the notification, which bears out that blocking the tidal ingress of water to CRZ areas is not permitted.

“Cidco, despite claiming that Panje is a holding pond as part of the flood control mechanism for the upcoming Dronagiri node, has leased out most of the wetland to Navi Mumbai SEZ, of which the state-owned planning agency is a 26% partner. NMSEZ built a massive compound wall around Panje and set up security cabins without any permission, and has also restricted access of citizens and researchers. This review petition makes it abundantly clear that CIDCO wants the land to be drained and then used for development, which will have disastrous consequences for the environment and communities that depend on the wetland for food and livelihood. The NGT has set an important precedent for protection of the wetland,” said BN Kumar, founder of Navi Mumbai based NGO NatConnect Foundation.