Taking cognizance of an environmentalist’s plea to save a designated open space with a green patch of over 200 trees from being permitted for commercial development in a chemical zone at Pawane in Navi Mumbai, the National Green Tribunal (NGT) has served notice on the Maharashtra Industrial Development Corporation (MIDC).
MIDC has allotted about 300 sq mtr from the original 3,600 sq mtr open space 7 to a project affected person (PAP) for a hotel and the environmentalist’s fear is that the 200 full grown trees would be axed if the commercial development process is allowed to start.
The Tribunal’s western zonal bench has directed MIDC to respond to the apprehensions by the applicant, NatConnect Foundation director B N Kumar, that the 200 full grown trees would be destroyed if the commercial development is allowed to start in a designated open space.
Kumar clarified that he has no objection to the MIDC helping any PAP but the green space must be maintained. The PAP could be resettled in any other suitable place, the application said. The application pointed out that the MIDC area is dominated by chemical processing factories and industries emitting pollutants which require maintenance of buffer zones with greenery and dense tree foliage.
These buffer zones are categorically earmarked as ‘Open Spaces’ in the Development Plan of the Region and construction in such areas is strictly restricted under Regulation 3.4.3 of the Comprehensive Development Control and Promotion Regulations (CDCPR) of 2023, issued by the MIDC, Kumar’s counsel Ronita Bhattacharya argued.
In the Pawane case, the open space has been maintained by an adjoining industrial unit Expanded Incorporation, presently Expanded Polymer Systems Pvt. Ltd, which had planted and maintained over 200 trees there since 2001 with each tree having an average age of around 15 years.
The development of the 300 mtr plot itself would lead to felling of 34 trees in order to enable access to and from the PAP plot for customers of the proposed hotel.
The land measuring over 3,600 sq mtr was originally leased out for ten years in 2000 to a chemical company, Expanded Incorporation, for plantation, NatConnect said, quoting response received from the MIDC under the RTI Act. The environmental watchdog sought information on the status of the land as some white lines were being drawn and holes dug amid greenery on the plot.
The RTI response also recorded that the MIDC, however, decided in 2008 itself to take back the plot for allotting it to PAPs and accordingly informed Expanded Incorporation of this decision much later, in January 2024.
As per the CDCPR of 2023, the permissible structures in such open spaces include pavilion, gymnasia, fitness centre, club house, Vipassana and yoga centre, crèche, kindergarten, library, or for the purposes such as of sports and recreational activity.
The bench comprising Justice Dinesh Kumar Singh as judicial member and Dr Vijay Kulkarni as expert member, noted that “It appears that the apprehension of the applicant is that if the PAPs are allowed to raise construction of hotel/restaurant in the area in question, which is reserved for Open Space, that would lead to destruction of large number of trees.” The next hearing is posted for February 10, 2025.
NatConnect pointed out to the NGT that in another case, the Bombay High Court set aside the CIDCO’s plan to allot an open space, meant for a sports complex, for real estate. The Supreme Court subsequently upheld the verdict.
Stating that the open spaces are essential to uphold the fundamental rights of the people, the High Court had observed that there would be a gross failure on the part of the government and other public bodies if such vital issues are overlooked and/or intentionally sought to be buried in creating urban jungles.
“If we do not have a foresight, concern and care for the future rights of the citizens, and from all possible perspectives, we are abdicating the Constitutional principles which recognizes an overall development of an individual, which is part of right to livelihood as guaranteed under Article 21 of the Constitution and as interpreted in its various dimensions, in catena of judgments of the Supreme Court,” the HC said.
NatConnect, therefore, stressed the importance of maintaining green lungs in the chemically polluted area which is in close proximity to Pawane village.
Commercial development on the 300 sq mtr plot allotted to the PAP would result in destruction of 34 trees. But a much more serious problem would arise if this precedent is set, change of use on OS-7 is permitted, Kumar said and expressed the fear that the entire green patch would be wiped out.
