Aarey, a part of SGNP, state body admits before SC; calls it a ‘forest’ in its affidavit

The chief executive officer (CEO) of the Aarey administration and representing the dairy development department in a counter-affidavit filed in the Supreme Court

The chief executive officer (CEO) of the Aarey administration and representing the dairy development department in a counter-affidavit filed in the Supreme Court (SC) said the green lung in Goregaon is part of the Sanjay Gandhi National Park (SGNP). This is the first time any state body has put on record that Aarey is contiguous to the national park. The submission clarifies that while Aarey is not a notified forest, necessary actions against encroachments and tree felling were taken up in ‘forest areas’.

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Aarey, one of the last remaining green lungs in the city, has been a bone of contention for the last four years, ever since a proposal to build a car-shed for the Metro 3 line (Colaba-Bandra-SEEPZ). Environmentalists have been fighting the matter at the National Green Tribunal, Bombay HC, and now SC calling the area a ‘forest’ home to a rich biodiversity, which will allegedly be destroyed due to development projects. There are 27 tribal hamlets within Aarey Colony with nine hamlets across Force One, Film City, Veterinary College and SRPF areas.

A qualitative study using maps showed how Aarey lost its green cover periodically since the late 1940s. The study by Kamla Raheja Vidyanidhi Institute of Architecture and Environmental Studies (KRVIA), Mumbai, reported only 800 of 1,300 ha of Aarey, originally allocated as ‘No Development Zone’ will remain as a ‘Green Zone’ leading to a loss of approximately 40% original area due to ongoing and proposed construction activities. Public and private projects are likely to sever the contiguity with SGNP affecting wildlife movement, disrupting hydrological processes and the natural drainage pattern of the green lung, the report said.

The counter-affidavit was filed on May 5 by Aarey CEO Nathu Rathod in response to an interim application filed by environment group Vanashakti during the last week of April (in other Aarey-related petitions before the SC) against various state bodies including the forest department and Aarey administration. Vanashakti alleged illegal tree felling, forest fires, and rising encroachments at Aarey despite there being a lockdown and sought the protection of the area and action against wrongdoers. The counter-affidavit was received and made public by co-petitioner Zoru Bhathena on Sunday.

Calling for the dismissal of the application Rathod’s affidavit read, “Aarey Colony is a part of SGNP. The area of SGNP (including Aarey Colony) has been notified as an eco-sensitive zone under the Environment Protection Act, 1986. The forest department has administrative control over the area of SGNP whereas Aarey administration and dairy development department has administrative control over Aarey, and the forest department cannot take any legal action in respect to illegal activities in Aarey Colony.”

Rathod confirming his submission said, “Aarey is an extension of SGNP. Though the area is not a declared forest, these forest patches home to several animals and birds are being protected by us. Any cases of tree felling, forest fires and encroachments are being tackled by us,” said Rathod. “Encroachers and tribal residents have tried to take advantage of the lockdown and encroach upon forest areas.”

In his affidavit, Rathod identified cases of tree felling and illegal encroachment reported from units 5, 13, and 16. “In each case, our security staff took stock of the issue and filed a detailed complaint before the local police. So far three first-information-reports (FIRs) have been filed but nobody has been arrested. We have identified a few more violators, and informed the police,” said Rathod adding, “The forest fires were reported on April 17 and 20 from areas under the control of the State Reserve Police Force (SRPF), where we do not have access.”

On June 16, the SC bench comprising Justice Arun Mishra and Justice Krishna Murari while hearing Vanashakti’s application called for a report from the state forest department on alleged illegal activities and action taken.

The forest department said they would be filing their response soon as the matter will be heard in six weeks from the date of the order (June 16).

Petitioners and environmentalists welcomed Rathod’s submissions. ““If one state body which is the land owner can honestly disclose that Aarey is a part of SGNP and it is a forest, then it is the state’s responsibility to notify and protect the green lung. This will end this six-year-long battle,” said Rohit Joshi, environmentalist.

“This is the first time the state has submitted an honest response to the SC on factual details on Aarey. The submissions further say that the administration is helpless as the area has not been declared a forest, and they cannot take help from the forest department,” said Bhathena.

Of the 1,287 hectares (ha) of Aarey, 165 ha was excluded from SGNP’s eco-sensitive zone (ESZ) by the Union environment ministry in its December 2016 notification to allow construction, including the Metro-3 car-shed. On June 16, a separate SC bench of justices Arun Mishra and S Abdul Nazeer dismissed a plea by Vanashakti challenging this exclusion stating, ‘Mumbai was already a congested city’. Of the 165 ha, projects across 161.6 ha have already been slotted (see box). “If not the Metro car depot, the latest affidavit is proof enough to save remaining portions of Aarey,” said Bhathena.

A qualitative study using maps showed how Aarey lost its green cover periodically since the late 1940s. The study by Kamla Raheja Vidyanidhi Institute of Architecture and Environmental Studies (KRVIA), Mumbai, reported only 800 of 1,300 ha of Aarey, originally allocated as ‘No Development Zone’ will remain as a ‘Green Zone’ leading to a loss of approximately 40% original area due to ongoing and proposed construction activities. Public and private projects are likely to sever the contiguity with SGNP affecting wildlife movement, disrupting hydrological processes and the natural drainage pattern of the green lung, the report said.

What’s at stake?

3,166 acres (1,287 hectares) – Total area of Aarey Milk Colony

407 acres (165 hectares) – excluded from eco-sensitive zone notification (issued on December 5, 2016) of Sanjay Gandhi National Park (SGNP) from Aarey, aimed at allowing construction activities, including the Metro projects and allied activities

Projects at Aarey cover 393.67 acres (161.6 hectares) of land

1.5 acres (33 hectares) – Taken up by Metro 3 car-depot construction led to the alleged felling of 2,141 trees according to the Mumbai Metro Rail Corporation Ltd

28.17 acres (11.4 hectare) – Total buildable area for the Metro Bhawan, according to the state government, including 5 acres (2.03 hectares) area on which Mumbai Metropolitan Regional Development Authority (MMRDA) will build the 32-storey Metro Bhawan, operation control centre, permanent re-servicing station, temporary labour camp, steel machinery yard, and metro related technical offices

190 acres (76.8 hectares) – Zoological park of ‘international standards’ being built based on an agreement between the Maharashtra government and Brihanmumbai Municipal Corporation. The forest department issued a government resolution on October 9 approving a grant of ₹60 lakh for a construction wall for the zoo built between Marol and Aarey

90 acres (36.42 hectares) – Identified by the Maharashtra government to rehabilitate encroachments in the form of shanties from within and around Sanjay Gandhi National Park and the Maharashtra Housing and Area Development Authority (Mhada) has been appointed for this

4 acres (1.61 hectares) - Maharashtra Motor Vehicle Department (MMVD) has sought the area for its regional transport office (RTO) on a lease basis