Mumbai Coastal Road project: Status quo on reclamation work continues
Swati Deshpande, Times News Network, 23 April 2019
In a leg-up to activists fighting against legality of reclamation work for Mumbai’s ambitious coastal road project and its adverse impact on ecology along the seafront, the status quo on the work continues. At a hearing on Tuesday, the Bombay high court did not alter its recent order to maintain status quo over the reclamation work.
The BMC wanted the bench of Chief Justice Pradeep Nandrajog and Justice Nitin Jamdar to hear it on the issue of interim relief in view of the oncoming monsoon. It wanted the status quo to be vacated, given that everything is lying loose and may get washed away.
The Chief Justice observed, “We also, from a commonsensical point of view, understand that the monsoon sea will be more rough.” When pointed out that all rejoinders and pleadings will take time before hearing can proceed, the bench said it offers that BMC make an application for appointment of a court commissioner to visit the coastal areas, videograph and report on the work and for strengthening the embankment. “This is what is needed so that we can be focused,” said the bench. Special counsel for BMC, SG Aney and Anil Sakhare, took a moment, conferred with senior civic officials present and declined the offer.
Aney however, requested for peremptory hearing early before summer vacation begins on the issue of vacating the status quo. The HC, posted the matter for further hearing on June 3, after the vacation ends.
BMC may be moving the SC in a day or two.
The court was crowded with activists too. Petitoners before the HC include Shweta Wagh, Society for Improvement, Greeneryand Nature (SIGN), Conservation Action Trust(CAT), Vanashakti, among others. Gayatri Singh, counsel for Wagh pointed to a report by the Central marine Fisheries Research Institute(CMFRI) which has observed that the “proposed site” in Worli is an “oyster bed” and “present reclamation will adversely affect their lifecycle.”
The BMC filed its affidavit in reply. It denied fish drying land mending of boats are affected or that any of its appointed contractors have ever restrained fishermen from their fishing activity for livlihood. It sought dismissal of the PILs.
Aney said the report is not the conclusive or final report. The report itself says, “Two days rapid survey cannot give detailed account of any fisheries activity or any impact on the fishery resources as it is highly dynamic with season and area.” Gayatri Singh said, “Just because the report is favourable, they are trying to give the study to another agency.”
The HC bench said, “This (The CMFRI report) lays down ground for proper data to be collected.” The BMC counsel agreed.
Janak dwarkadas, counsel for petitioning activists in three separate PILs complained that BMC was not giving inspection of almost a dozen documents despite letters written to it since days making it difficult, given also that the record is lengthy for them to file rejoinders to the civic affidavit. When asked by the bench, Milind Sathe, counsel for the Maharashtra government said affidavits would be filed by April 30.
Meanwhile, project contractors, L&T Ltd which won the bid for works on 3.82km in the Breach Candy region and 3.93km in Malabar Hill region, also sought to impleaded as party to the PIL proceedings, or allowed as intervenor. Its counsel SU Kamdar said more than Rs 300 crore has been invested so far, “Today work is incomplete, if not preserved larger pollution will ensue to the sea than what is sought to be prevented.” The L&T plea said, “The delay in reclamation will have a substantial impact on establishment of temporary infrastructure constructed for the project.” Kamdar also said that L&T should not be held responsible because of the status quo order as under the contract it has a liability. The HC didn’t make L&T a party but has allowed it to remain present for the hearings.
The MOEF in its affidavit said the coastal road (south) project has been rightly given the green clearance in May 2017 after the ministry was satisfied with the recommendations of the expert Appraisal committee (CRZ), “With adequate environmental safeguards to be implemented by the BMC.”