SC move a setback for green activists and petitioners

The Supreme Court’s stay on the high court order on the coastal road, which stopped reclamation, came as a blow to environmentalists and petitioners. Those fighting

The Supreme Court’s stay on the high court order on the coastal road, which stopped reclamation, came as a blow to environmentalists and petitioners. Those fighting to safeguard the marine biodiversity said if environmental destruction was allowed, it would lead to irreversible damage to the Mumbai coast

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In July, the Bombay high court (HC), while hearing six petitions against the project, quashed clearances granted under the coastal regulation zone (CRZ) notification by the state and Centre, holding the Brihanmumbai Municipal Corporation (BMC) can’t proceed with the project until environment clearance (EC) was obtained. HC had directed BMC to obtain permissions under the Wildlife Protection Act, 1972, citing the presence of corals (making the area ecologically sensitive). BMC and contractors for the project had moved the SC soon after.

SC on Tuesday stayed the HC order on reclamation, but restrained the state from carrying out a new development work alongside the road until further orders. The final hearing has been scheduled in April.

Among various petitions, including those by non-government organisations Society for Improvement, Greenery, And Nature (SIGNATURE), Conservation Action Trust (CAT), Vanashakti, architect Shweta Wagh and Worli resident Prakash Laxman Chanderkar, the first one was by the Worli fishing community in 2018, alleging loss of livelihood for 600 fisherfolk due to the project.

Advocate Meenaz Kakalia, representing the Worli fishing community, said, “It is a disappointing order as it has effectively decided the issue. Once reclamation commences, the effects will be irreversible. Even if SC comes to a decision in April that the HC order was correct, the impact of reclamation work cannot be undone.”

Stalin D, director, Vanashakti (one of the petitioners), said, “The SC didn’t justify why they have allowed reclamation.”

Wagh pointed out that the order comes even before the Central Marine Fisheries Research Institute (CMFRI), appointed by BMC, submits its report on the expected damage to the marine environment. “We will contest it (the order), and are planning strategies.”

Debi Goenka, executive trustee, CAT, said, “This is public money being spent, and our environment is at stake. We reiterate that the project benefits only 2% of four-wheeler owners, but it is being funded by all taxpayers.”

BMC, meanwhile, welcomed the order. “We have mobilised all agencies concerned to immediately commence work. Contractors and BMC have incurred losses of ₹6 crore-₹7 crore per day for the past five months, which is an approximate total loss of ₹750 crore. Work will be speeded up to ensure there is some offset,” said a senior BMC engineer, in-charge of the project.