HC questions BMC nod for construction on Goregaon wetland
A division bench comprising chief justice Alok Aradhe and justice Makarand Karnik was hearing a public interest litigation (PIL) filed by environmental activist Zoru Bhathena. The PIL challenges the BMC's 2023 approval granted to private developers for landfilling and construction on a 191.39-hectare plot in the Pahadi area, which, according to the petitioner, has been identified as a wetland since 1991 by the MCZMA.
Wetlands are identified based on ecological significance, such as supporting migratory birds, maintaining biodiversity, or providing ecosystem services like flood mitigation.
Bhathena said the site falls under CRZ-1 (Coastal Regulation Zone), as per the Wetland Atlas prepared by the MCZMA. He alleged that developers—Beeline Impex Pvt. Ltd and Pearl CosChem Pvt. Ltd—applied in 2022 to build a compound wall and carry out landfilling work. This request was approved by the BMC the following year.
The petition further claims that 39,601 square metres of landfilling was already carried out around the edge of the plot, which borders mangroves. Satellite imagery used to demarcate the high tide line confirms the area is low-lying and influenced by tidal water, Bhathena said.
He accused the developers of manipulating the site conditions to deceive satellite monitoring systems by blocking the natural flow of tidal water. Bhathena emphasised that, as per previous court rulings, no reclamation or development is allowed on areas listed in the wetland atlas without court permission.
The PIL also states that in May 2023, the BMC altered the development plan for the same plot while allocating it for Maharashtra National Law University. The land's designation was changed to 'residential use' without altering its CRZ-1 classification.
Calling the BMC's actions illegal, Bhathena has urged the court to order restoration of the wetland and to issue a permanent stay on any further development.
The court has now asked the BMC, MCZMA, and the Konkan Wetland Committee to file their responses.
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