HC orders removal of encroachments from pond
MUMBAI, July 22 -- The Bombay high court on Tuesday directed the Mumbai suburban district collector to remove encroachments from a natural pond in Charkop, Kandivali (West), observing that illegal structures and garbage dumped at the site were threatening the adjoining mangroves. Describing the condition as "shocking and terrible", the court said the pond must be restored before any beautification work begins.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing a petition filed by the Brihanmumbai Municipal Corporation (BMC), seeking permission to remove encroachments and undertake conservation of the pond.
The BMC told the court that the pond falls within the 50-metre buffer zone of mangroves and that it has already obtained clearances from the Maharashtra Coastal Zone Management Authority, the Mangrove Cell and the State Environment Impact Assessment Authority. However, it said the high court's approval was mandatory in view of a 2018 order passed in a public interest litigation filed by the Bombay Environment Action Group.
The 2018 order bars non-forest activities within mangroves and their 50-metre buffer zone without prior permission from the high court.
The bench reiterated that removing encroachments was the first step towards protecting the mangroves and restoring the pond.
Appearing for the BMC, advocate Saket Mone submitted photographs showing the present condition of the site and informed the court that the civic body would undertake a large-scale garbage clearance drive to help restore the natural flow of saline water into the pond.
Directing the authorities to submit photographs of the site from the same angles at the next hearing, the bench warned that it would "not tolerate any garbage in the natural pond". The matter has been posted for further hearing on August 6....
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