NGT issues notices to Maharashtra government, others in Shivaji memorial case

The opposition to the proposed Chhatrapati Shivaji Maharaj Monument project has now reached the National Green Tribunal (NGT), which issued notices to the Maharashtra government and others on Wednesday, telling the representatives to be present for the next hearing along with their replies.

Akhil Maharashtra Machimar Kriti Samiti president Damodar Tandel and marine enthusiast Pradip Patade had filed an Environment Interest Litigation (EIL), stating that the project will destroy 110km coastal area of the Arabian Sea near Mumbai, threatening the natural aquatic ecosystem and affecting the livelihood of traditional fishermen.

On Wednesday, the NGT (west zone) Pune bench, comprising justice Dr Jawad Rahim and expert member Dr Ajay Deshpande, issued notices to all the eight respondents, including the government of Maharashtra, Ministry of Environment Forest and Climate Change, Maharashtra Coastal Zone Management Authority (MCZMA), National Environmental Research Institute (NEERI), Mumbai Port Trust (MbPT) and the Maharashtra State Biodiversity Board, asking their representatives to remain present on September 30.

"It took very little time for the bench to understand the gravity of the case, and hence it issued the notices. We also emphasised on the key aspect of the case – a public hearing for the case. The state had sought an exemption on the grounds that the Shivaji statue was of national importance," said advocate Asim Sarode, representing the petitioners.

He further said there could not be any public interest in the said monumental, symbolic work of the government. "Thoughts of Chhatrapati Shivaji Maharaj are of public interest and of national importance but the statue memorial definitely does not have public interest. Hence, the state seeking waiver from a public hearing process was illegal," said Sarode, adding that when there was something that could impact environment and livelihood, holding a public hearing was a part of the process.

According to Sarode, several manipulations were also done to acquire Environment Clearance, CRZ clearances as well as No-Objection Certificates from various government or government-supported agencies. "Shivaji is very close to our hearts and extremely important to us. But spending Rs3,500 crore to build his statute is actually against the very principles of Shivaji, who cared for the environment," said Sarode, adding that the case was not at all against Shivaji Maharaj, but in fact, it was to show respect for his thoughts and his way of governance – pro-people and pro-environment.

Marine enthusiast Patade, who has been documenting marine life along the coast of Mumbai for the last five years, said the location for the proposed memorial was extremely rich in terms of biodiversity. "Since I am into water sports as well as research, on several occasions, I have visited the site proposed for the memorial. I have found corals, ornamental fish, Gorgonian fans, and several other species in the area. This project will definitely impact all the biodiversity," said Patade, adding that while the state government reports have stated that they have not found dolphins in the area i have seen hundreds of dolphins here.

The MEMORIAL

The Chhatrapati Shivaji Maharaj Memorial will be constructed off the coast of Mumbai at an elliptical outcrop of 15.96 hectare within the Arabian Sea, 1.2km from Raj Bhavan, 3.6km from Girgaum Chowpatty and 2.6km from Nariman Point. The oval shaped rocky outcrop is approximately 650m x 325m in size.

Demands in petition

The process of acquiring CRZ and Environmental Clearances, completed without the due process of public hearing, may kindly be set aside.

Directions be issued against MOEFCC to keep the Environmental and CRZ Clearances, granted without public hearing on February 25, 2015, in abeyance and the entire record shall be placed before the Environmental Assessment Committee (EAC) for fresh consideration.

Pass orders staying any proposed and/or ongoing process of construction/finalisation of any construction at or in respect of the Chhatrapati Shivaji Maharaj Memorial, along with an equestrian statue of Chhatrapati Shivaji Maharaj in Arabian Sea of the Coast of Mumbai, Maharashtra.

Direct the respondents to take all necessary steps for restitution of the project area to its status quo ante, if any work related to process of construction is proceeded further.

Permission may kindly be given to submit translation of some Marathi documents, if any as and when required by the court.

Permission may kindly be granted from time to time to the applicants to submit various research papers and documents, and add and delete some paragraphs, if needed. And permission to amend the application may also be granted whenever required.

Objections to the project

South Mumbai's fishermen will lose their livelihoods permanently.

The Environmental and CRZ Clearances were granted without properly examining the environmental problems and threats.

The routes of the ferry boats from Nariman Point and the Gateway of India carrying tourists to the memorial will be through the fishing areas, and hence these boats will interfere in the local fishing activities.

After construction, an area of 159,600sqm will be exposed even during the high tide, leading to blocking the flow of water during high tide, which could change the waves, currents and shoreline.

The project site falls in Mumbai Fishing Zone of the Mumbai district. Most of these fish varieties are in high demand in the seafood industry, with a high product value.

Status of marine vegetation in the vicinity of the proposed site of the development has also been investigated and these are considered as unique ecosystems. A highly diverse phytoplankton population with 58 species belonging to 30 genera was identified from the study area.

According to the EIA report, the occurrence of endangered sea animals such as whales, dolphins, turtles, porpoises, etc. in the project domain was investigated through actual sightings and from published literature.

The biological diversity is not taken into consideration and the opinion of the State Biological Biodiversity Board has not been taken.

The NOC issued by BMC mentions that for supplying drinking and sanitation water to the memorial site, a 450mm water pipeline under the sea will be needed. The BMC does not have skills to do such work. CRZ clearance letter dated 23/02/2015 specifically mentions that "there will be no dredging at the site", but how can construction of such a pipeline or others on the site be carried out without dredging.

As per the proposed traffic plan, around 20 boats will be carrying visitors from Nariman Point and Gateway of India. The impact of the boat traffic will be due to exhaust emission, garbage disposal, sewage discharge, hazardous waste release and boat noise emission, collision of boats, oil spills and bilge water release.

Parking is a big problem in South Mumbai, as there are very few parking lots in the vicinity of the proposed takeoff points. Hence, illegal parking on streets will cause traffic congestion.

The project will affect the migratory paths of birds and severely alter their breeding patterns. They even have the risk from the proposed turbines.