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Don’t flout norms part of SGNP’s ESZ notification, NGT tells Maharashtra government
The NGT was hearing an interim application on Thursday, filed by environment group Vanashakti, urging the tribunal to pass an interim order regarding the alleged proceedings by the state to allot plots from within the areas under ESZ, especially across Aarey Colony.
The National Green Tribunal (NGT) on Thursday directed the Maharashtra government to not violate any of the conditions imposed under the eco-sensitive zone (ESZ) notification of Sanjay Gandhi National Park (SGNP), which includes the land parcels of Aarey Colony.
The order was made public by NGT on Saturday, a copy of which is with HT.
The NGT was hearing an interim application on Thursday, filed by environment group Vanashakti, urging the tribunal to pass an interim order regarding the alleged proceedings by the state to allot plots from within the areas under ESZ, especially across Aarey Colony. The order implies that only those activities permitted under the notification can be allowed in areas under the ESZ.
“Taking under consideration all the aspects of the matter, we expect the state respondents (Maharashtra) to desist themselves from acting in contravention of the ESZ notification, though the said notification is under consideration in the present proceedings (by NGT),” read the order passed by the NGT bench of justice SP Wangdi and expert member Dr Nagin Nanda. The matter has been slated for final hearing on October 10.
On December 5, 2016, the Union environment ministry declared a minimum of up to 100 metres and maximum of up to 4 km from the boundary of SGNP as ESZ.
The notification identified the exclusion of 165 hectares from Aarey, aimed at allowing construction activities at the green lung, including the Metro-3 project.
“Activities such as affordable housing, tourism resorts and even small-scale industries can be permitted, subject to clearance by a monitoring committee, comprising 13 members and chaired by the Brihanmumbai Municipal Corporation’s (BMC) commissioner,” the notification said.
The same year, Vanashakti challenged the notification in the NGT on multiple grounds, including the arbitrary exclusion of large parts of Aarey, inclusion of every type of infrastructure projects as “permitted activities within the ESZ” as a threat to biodiversity, and opposition towards the BMC chief heading the committee.
“This notification allows for all kinds of infrastructure projects and defeats the very purpose of having a buffer zone. The court has taken cognisance of the importance of our challenge,” said Zaman Ali, counsel for applicants.
Vanashakti contended that the order makes it difficult to allot plots within Aarey, which will affect the construction of the 32-storey Metro Bhavan, a control centre for the proposed 14 Metro corridors in and around Mumbai, proposed to be built on a five-acre plot.
“These activities will only destroy the ESZ and its purpose. The Metro Bhavan proposal should have gone to the monitoring committee before being sanctioned. The footprint of this tower with hundreds of vehicles coming in will be detrimental for Aarey,” said Stalin D, director, Vanashakti.
The SGNP ESZ monitoring committee denied the allegations.
“There are three categories of activities allowed within this ESZ – permissible, regulated and prohibited. While prohibited activities only involve setting up of polluting industries and mining, this notification specially mentions permitting ongoing infrastructure projects. As far as ESZ is concerned, there is no problem with the developments at Aarey,” said Jitendra Ramgaonkar, member secretary of the committee.
