There is no distinction made by the ministry of environment and forest (MoEF) in their notification regarding different projects where the state governments have to take prior permission, the Central government informed the Bombay high court on Tuesday.
“There is no distinction in the MoEF notification in regards to projects pertaining to water supply or others. All those projects which are to come up on forest land need prior permission from the ministry,” counsel Gauri Godse told a division bench of chief justice Mohit Shah and justice Roshan Dalvi.
Godse made her oral submissions and added that she will file a detailed affidavit by two weeks.
However, government pleader Vijay Patil, who filed an additional affidavit, told the court that the state government did not require prior permission from the MoEF for projects pertaining to drinking water supply. He added that an application has been made to the ministry for granting permission for using forest land.
These submissions were made during the hearing of a petition filed by Shramik Mukhti Sanghatana, an NGO, alleging that the dam over the Kalu river in Murbad, Thane district, is being built without required permissions from the forest department.
The dam is expected to improve the water supply of areas such as Mira-Bhayander and Navi Mumbai.
On June 5, DNA had first reported how the dam, if built, would submerge an area of 2,100 hectares, including around 1,000 hectares of dense forests and displace four villages.
“In an affidavit filed earlier by the state, it had admitted that work on the Kalu Dam in Murbad began in October 2010, without securing permission from the Centre and MoEF,” said advocate Gayatri Singh, who is appearing for the sanghatana.
She added that the work order was given on May 29, 2010, and only after the petition was filed that the state government had applied for permission to the chief conservator of forest in June 2011.
According to the state, as per a resolution passed on July 9, 2009, it was granted an approval for building the dam.
The bench adjourned the hearing on the petition for two weeks and directed the MoEF to file their affidavit by then.
