Protecting the Environment: A Battle for Open Spaces and Strict Regulations
The Supreme Court has upheld the right to open spaces in Navi Mumbai, while the Bombay High Court has struck down the Centre’s move to grant post-facto Coastal Regulation Zone (CRZ) clearances. Both decisions reinforce our constitutional rights to a healt
EnvironmentNavi MumbaiOpen SpacesCrz ClearancesEnvironmental RegulationsReal Estate MumbaiOct 07, 2024
As the Indian Bar Association emphasizes, Article 51-A of the Constitution states ‘It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.’ This responsibility extends to all citizens, including the government and policymakers.
Fast-Dwindling Open Spaces in Navi Mumbai
The Supreme Court has pulled up the City and Industrial Development Corporation (CIDCO) of Maharashtra for cancelling a 20-acre plot at Ghansoli node, which was originally earmarked for a sports facility, and floating a tender for real estate development. The apex court’s decision upholds the Bombay High Court's earlier order against CIDCO. This issue highlights the rapid disappearance of open spaces in Navi Mumbai, a planned city that is increasingly facing a shortage of green areas.
The current open space in Navi Mumbai is woefully short of the standards set by the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and the World Health Organization (WHO). AMRUT recommends a benchmark of about 10,000 square meters of open space per thousand population, while Navi Mumbai Metropolitan Region Development Authority (NMMC) has only 3,000 square meters (0.3 ha per 1,000 people). Open spaces are crucial for playgrounds, recreation grounds, and gardens, which are essential for the well-being of the community.
The ‘Pollute and Pay’ Syndrome
The Bombay High Court's recent judgment against the Centre's move to grant post-facto CRZ clearances is highly commendable. If allowed, this move could have led to a surge in applications for regularizing projects that violated environmental laws, causing severe environmental damage. Environmental groups like Vanashakti and activist Stalin D have been instrumental in challenging this memorandum, emphasizing that the ‘pollute and pay’ syndrome should not be encouraged.
The memorandum, signed by joint secretary Sujit Kumar Bajpayee in February 2021, was based on requests from coastal state governments to permit activities that had commenced without prior CRZ clearance. Bajpayee argued that bringing these projects into compliance with environmental laws at the earliest was essential. However, Vanashakti's counsel, Akash Rebello, pointed out that the government cannot override the CRZ notifications of 2011 or 2019, which mandate prior clearances.
Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar ruled that the CRZ Notification, 2019, does not contain any provision for post-facto CRZ clearance. The impugned Office Memorandum is non-statutory and post-facto CRZ clearance is not legally permissible.
Environment The Worst Victim
Environmentalists have long argued that the memorandum was ill-advised and would cause irreparable damage. The lack of proper monitoring and implementation of CRZ notifications and the Environment Act has already made the environment the worst victim. Concerned authorities remain indifferent, and citizens face significant challenges in drawing attention to environmental violations. The situation would have worsened if the MoEFCC memorandum had been allowed to proceed.
A Need to View Environmental Crimes Differently
A case in point is the unchecked destruction of mangroves and wetlands in Uran taluka, just across Mumbai harbour. The forest department imposed a mere Rs 1 lakh penalty on JNPA for destroying 4,500 mangroves during the construction of its Container Terminal IV, as revealed through an RTI request. This nominal penalty effectively condoned the project's environmental violations.
The Bombay High Court’s judgment in the Vanashakti case should serve as a wake-up call for agencies like the Maharashtra Coastal Zone Management Authority (MCZMA) and revenue officials. Courts must view environmental crimes with a different lens, recognizing the severe consequences of such actions. The recent unseasonal floods and inundation of paddy fields in Uran clearly demonstrate the impact of destroying inter-tidal wetlands.
Conclusion
The recent judgments by the Supreme Court and the Bombay High Court are crucial steps in protecting our environment and ensuring that our constitutional rights are upheld. It is high time that all stakeholders, including citizens, policymakers, and government agencies, recognize their roles in preserving our natural environment and take proactive measures to safeguard it.
Frequently Asked Questions
What is the significance of the Supreme Court's decision on open spaces in Navi Mumbai?
The Supreme Court's decision upholds the right to open spaces in Navi Mumbai, reinforcing the constitutional rights to a healthy environment and highlighting the importance of maintaining green areas in planned cities.
Why did the Bombay High Court strike down the Centre's move to grant post-facto CRZ clearances?
The Bombay High Court ruled that the Centre's move to grant post-facto CRZ clearances was non-statutory and not legally permissible, as it would have opened the floodgates for regularizing projects that violated environmental laws, causing severe environmental damage.
What are the standards for open spaces in Navi Mumbai according to AMRUT and WHO?
AMRUT recommends a benchmark of 10,000 square meters of open space per thousand population, while Navi Mumbai has only 3,000 square meters (0.3 ha per 1,000 people), which is significantly below the recommended standards.
What is the ‘pollute and pay’ syndrome, and why is it discouraged?
The ‘pollute and pay’ syndrome refers to the practice of allowing projects to pollute and then paying a nominal penalty to regularize violations. This approach is discouraged as it undermines environmental laws and can lead to severe long-term damage.
How does the destruction of mangroves and wetlands impact the environment in Uran taluka?
The destruction of mangroves and wetlands in Uran taluka has led to unseasonal floods and the inundation of paddy fields, demonstrating the severe consequences of such environmental violations and the need for stricter regulations and enforcement.
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