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Order of the National Green Tribunal regarding encroachments and dumping of debris near eastern freeway, Wadala, Mumbai, Maharashtra, 27/11/2024

  • 27/11/2024

Order of the National Green Tribunal (Western Zone Bench, Pune) in the matter of Vanshakti & Others Vs District Collector, Mumbai City & Others dated 27/11/2024.

The application has been filed with the prayers that a direction should be issued to District Collector, Mumbai City/Chairman, District Coastal Zone Monitoring Committee to remove all the encroachments and clear the debris at the site next to eastern freeway, Wadala, Mumbai, Maharashtra. Clearing of the debris in a time bound manner and issue of directions to the District Collector, Mumbai City to detect, monitor CRZ violations and encroachments at the site in question.

The application stated that a complaint was made to the District Collector, Mumbai City/Chairman, District Coastal Zone Monitoring Committee; Municipal Corporation of Greater Mumbai (MCGM); State of Maharashtra through Principal Secretary, Department of Environment; and Mangrove Cell, Maharashtra State Forest Department through Additional Principal Chief Conservator of Forests through e-mail dated August 21, 2019 which highlighted the illegal encroachment and dumping of wastes at the site next to eastern freeway, Wadala, Mumbai along-with the photographs but no action has been taken at their end.

The satellite imagery demonstrates that the encroachment and dumping of waste and debris commenced sometime before December 2019. The site in question is a wetland, as the same is evidenced by the National Wetland Atlas, 2010 and 2021, created by MCZMA. Dumping is being carried out under the Eastern Freeway on the BPT Road to Bhakti Park Mono Rail Station on about one km stretch in the proximity of mangroves. It is further mentioned that land parcels created additional illegal dumping area, in order to use for truck / tanker parking lots, to host wedding functions, construct illegal shops and structures.

The applicant stated that the area comes under intertidal area, hence the same also falls under CRZ-I area. Since no action has been taken by the authorities, applicants have approached the tribunal for issuing directions for protection of the area.

The NGT without admitting the application, called for a report from the District Collector, Mumbai City/Chairman, District Coastal Zone Monitoring Committee as to what action has been taken at their end on the complaint made by the applicants and the reply has to be submitted within two weeks.