The Battle for Navi Mumbai’s Green Spaces and Environmental Rights
The Supreme Court has upheld the right to open spaces, while the Bombay High Court has struck down the Centre’s move to grant post-facto Coastal Regulation Zone (CRZ) clearances. These decisions highlight the importance of environmental protection and cit
EnvironmentNavi MumbaiCidcoCrzSupreme CourtReal Estate MaharashtraOct 07, 2024
Article 21 of the Indian Constitution guarantees the right to live with dignity, the right to livelihood, and the right to a healthy environment. The Indian Bar Association emphasizes that Article 51-A mandates every citizen, including government bodies, to protect and improve the natural environment. This includes forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
In the context of environmental protection, various groups have been vocal against government agencies' actions that harm the environment. A prime example is the Supreme Court's decision to reprimand the City and Industrial Development Corporation (CIDCO) for cancelling a 20-acre plot earmarked for a sports facility at Ghansoli node and floating a tender for real estate development. The apex court's decision supports the Bombay High Court's earlier ruling against CIDCO.
Navi Mumbai, often touted as a planned city, is grappling with a severe shortage of open spaces. CIDCO's plans to lease out almost every inch of available land exacerbate this issue. According to the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and WHO standards, the city should have about 10,000 square meters of open space per thousand people. However, Navi Mumbai currently has only 3,000 square meters per thousand people. Open spaces, including playgrounds, recreation grounds, and gardens, are crucial for the well-being of the residents.
The Bombay High Court's recent judgment is highly commendable. The court struck down the Centre’s move to grant post-facto CRZ clearances, which would have allowed project proponents to avoid prior environmental clearances. This practice, often referred to as the ‘pollute and pay’ syndrome, would have led to a surge in applications for regularization, causing significant environmental damage.
Environmental groups like Vanashakti and leaders like Stalin D have been instrumental in challenging the MoEFCC memorandum. 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 clearances. The memorandum argued that bringing such projects into compliance with environmental laws was essential. However, Vanashakti's counsel, Askash Rebello, pointed out that the government cannot override the CRZ Notifications of 2011 and 2019, which mandate prior clearances.
Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar ruled that the CRZ Notification, 2019, does not allow for post-facto CRZ clearances. The impugned Office Memorandum is non-statutory, and such clearances are legally impermissible.
Environmentalists have long argued that the memorandum was ill-advised, as it would have caused irreparable damage. The lack of proper monitoring and implementation of CRZ notifications and the Environment Act has already made the environment the worst victim. Citizens face significant challenges in drawing the attention of officials to environmental violations, and little to no action is taken even after complaints are filed. This apathy would have worsened if the MoEFCC memorandum had been allowed.
A clear example 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 Container Terminal IV. The project was essentially condoned by paying this nominal penalty.
The Bombay High Court's ruling in the Vanashakti case should serve as an eye-opener for agencies like the Maharashtra Coastal Zone Management Authority (MCZMA) and revenue officials. Courts must view environmental crimes differently, as the consequences can be disastrous. The unseasonal floods and inundation of paddy fields in Uran send a clear message when you bury wetlands, inter-tidal water finds its way.
Frequently Asked Questions
What is the Atal Mission for Rejuvenation and Urban Transformation (AMRUT)?
AMRUT is a mission launched by the Government of India to develop 500 cities and towns. It aims to improve the quality of life of urban residents by ensuring adequate and reliable water supply, sewerage facilities, and stormwater drains, as well as creating and renewing urban infrastructure.
What is the significance of the Bombay High Court's judgment on post-facto CRZ clearances?
The judgment is significant because it strikes down the Centre's move to grant post-facto CRZ clearances, which would have allowed project proponents to avoid prior environmental clearances. This practice, known as the 'pollute and pay' syndrome, would have led to significant environmental damage.
What is the role of CIDCO in Navi Mumbai?
CIDCO, or the City and Industrial Development Corporation, is the planning and development authority for Navi Mumbai. It is responsible for the infrastructure development of the city, including the allocation and management of land for various purposes.
Why is the shortage of open spaces in Navi Mumbai a concern?
The shortage of open spaces in Navi Mumbai is a concern because it affects the quality of life of residents. Open spaces are crucial for recreation, physical health, and mental well-being, and they also play a role in environmental sustainability.
What are the environmental issues in Uran taluka?
Uran taluka, located just across Mumbai harbour, faces significant environmental issues, including the unchecked destruction of mangroves and wetlands. These actions have led to unseasonal floods and the inundation of paddy fields, highlighting the need for better environmental regulations and enforcement.
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