PIL 87 of 2006 (Mangroves)
Mangroves are evergreen forest found extensively in the estuarine regions where mud-flats are wide and gently sloping. Besides estuaries, they also inhabit the intertidal regions of shallow bays and creeks where the environment is conducive for the growth of mangroves. They are a complete ecosystem that is a conglomeration of several species of flora, fauna and biotic features in an area and their interaction with each other.
The mangroves are valued for its protection and stabilization of low-lying coastal lands and its importance in estuarine and coastal fishery food chains. Mangroves are flood buffers and they also help in stabilizing the climate by moderating temperature, humidity, wind and even waves. They are specially adapted to withstand salinity, wave action, and can grow in poor soils. They actually protect the land from the impact of the sea.
Mangroves in and around Mumbai have undergone massive destruction. As a result the density of mangroves in and around Mumbai has been on a decline. The main reasons for this depletion are reclamation of land for paddy cultivation, salt pan scheme, reclamation of land for building activities and dumping, industrial pollution of the creeks, cuttings of trees for fuel wood etc.
The mangroves have been afforded protection under Category I of the CRZ (Coastal Zone Regulation 1991). They are also entitled protection under the prevailing forest conservation regime, the Maharashtra Private Forest Act 1975, the Wildlife Protection Act 1972 and the Maharashtra Felling of Trees (Regulation) Act 1964.
The area under mangroves in Maharashtra was 200 km2 in 1972-75, which reduced to 108 km2 in 1997 but increased to 118 km in 2001. According to MMRDA, the mangrove areas in Mumbai have shown significant increase since 1991. However, this claim is under contention, as the maximum numbers of reclamation have taken place between 1991 and 1997. It is believed that about 70 per cent of Mumbai’s mangroves have been destroyed due to various development activities.
Inspite of all the protection afforded by several Acts, the mangroves continued to face the onslaught hence in order to protect the remaining mangroves in and around Mumbai the Bombay Environmental Action Group (BEAG) filed a Public Interest Litigation No. 87 in 2006 in the Bombay High Court seeking the Court’s intervention to inhibit the destruction of Mangroves.
An order was passed by the Hon’ble High Court on 6th October 2005 in PIL 87 of 2006 that clearly states that:
(i) There shall be a total freeze on the destruction and cutting of mangroves.
(ii) All construction and rubble/garbage dumping on the mangrove areas shall be stopped forthwith.
(iii) Regardless of ownership of the land, all construction taking place within 50 metres
on all sides of all mangroves shall be forthwith stopped.
As per this order an area of 60 sq kms was so identified in and around Mumbai in Phase I for protection to be notified as ‘Protected Forests’. A draft notification was also prepared in January 2007 by the Maharashtra Forest Department and submitted to the Government for notification after getting it approved by the Divisional Commissioner, Konkan.
However instead of notifying the entire area, only about 20 sq kms were notified as “Protected Forests” in a final draft notification. The balance area was not notified as the various authorities sought exemption on the grounds that “mangrove destruction is necessary for development and for prevention of floods”.
As the attempt to justify development continues to dominate the meagre environmental resources, BEAG continues its endeavour to prevent any further destruction to the mangroves as the case continues in the Hon’ble High Court.