Sending out a strong message, the Bombay high court on Tuesday directed that no natural lake or pond should be destroyed in the name of development.
It restrained Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Housing and Area Development Authority (Mhada) from granting any permission for constructions in and around such natural resources.
The division bench of justice PB Majmudar and justice Amjad Sayed was hearing a public interest litigation filed by activist Edwin Britto seeking restoration of two lakes, which were filled and developed as gardens by local MLA Gopal Shetty at Borivli (West).
“We would like to make it clear that no one should be allowed to fill up or destroy natural lakes or ponds, as it will have serious negative environmental impact,” said Majmudar. He added, “Natural lakes and ponds should not be made a casualty or it will lead to larger environmental hazards in future.” The judges asked Mhada to consider restoring a natural lake at Borivli (West), which was to be developed as a garden.
According to the petition, Mhada developed a garden in Borivli by filling a lake spread over 3,381 sq m and it also beautified the area surrounding another lake called Eksar. The garden was developed from funds sanctioned by Shetty. While restraining further development on natural lakes and ponds, the judges directed BMC and Mhada to strictly monitor and ensure no development is allowed.
BMC refused to maintain the garden saying that it was developed illegally by Mhada by using MLA funds. BMC advocate submitted that if Mhada restores it the lake, it (BMC) will consider maintaining it.
The PIL also alleged that Shetty, who continues to maintain the garden, charges entry fee for access to the garden. His counsel Anil Sakhare denied it saying that it is being done as neither Mhada nor BMC wants to take care of it. To a query from the court on restoration of Eksar Lake, he replied that the lake was intact and only its “surrounding has been beautified”.
