The Bombay HC on Tuesday ordered that all constructions which have come up on land which used to be originally mangroves in Mumbra-Diva area, be pulled down immediately.
The division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre also directed that the mangroves be replanted and action be taken against violators under the Forest (Conservation) Act. The court directed that the order be complied with by January 19, 2020. The petition concerned the mangroves in the coastal area of Mumbra creek and Desai Khadi of Ulhas River. As per an affidavit filed by the Tehsildar, Thane, the land which is both privately owned and government land consists of structures such as the Mumbra police station, Mumbra Shikshan Prasarak Mandal, which is on lease on the land and a huge housing complex. Much of the private land is owned by developer Aditya Goyal.
The petition had been filed by environmental activist Iraqi Arif Nawaz through advocate Prafulla B Shah as he had made complaints regarding the destruction of mangroves due to illegal constructions to various authorities but found that no action was being taken and the violations continued.
SAVING GREEN COVER
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| Order has to be complied with by January 19, 2020 |
| Mangroves are a buffer between the land and the sea and it protects shorelines from storms, winds, waves and floods |
| It prevents erosion with tangled root systems and act as a nursery for marine organism |
Advocate Kevyal Shah appearing for Nawaz, told the court on Tuesday that as per the affidavit filed by the Assistant Conservator of Forests, Mangrove Cell there were mangroves in the area in 2005 and due to the filling of debris and construction, by 2017, the mangroves had reduced to less than 25%.
Hailing the order, environmentalist Zoru Bhatena said, "I am glad the court has taken cognizance of the matter. There are 'n' number of agencies set up for protecting the environment, but they close their eyes, give illegal sanctions. But with regard to replanting, while I would not say its impossible, I have never seen it happen, it is mostly a matter on paper. Mangroves need the right kind of water flow and type of soil."
Director of the non-profit Vanashakti, Stalin Dayanand said, "The decision is most welcome. The structures should be demolished without delay to set an example. The mafia there is so strong that revenue officials were afraid to come there, those who go are threatened, beaten up. These are natural floodplains, not meant for construction."
