The City Industrial and Development Corporation (CIDCO) had moved a notice of motion before the high court to develop the area where the holding ponds exist. However, the High Court directed the authority to file such plea before MCZMA.
Hearing the matter, Chief Justice Mohit Shah and Justice M S Sanklecha asked MCZMA to consider the case and if it deems fit, the matter may be recommended to the Ministry of Environment and Forests (MoEF) within a period of three weeks.
Bombay Environmental Action Group (BEAG) opposed the Notice of Motion moved by CIDCO on the ground that desilting of holding ponds would result in destruction of 8,80,000 fully grown mangroves.
BEAG said that by filing a notice of motion to seek cutting of mangroves, CIDCO was circumventing not only the provisions of various statutes but also prior orders of the High Court.
BEAG argued that by moving the notice of motion, CIDCO was inviting the High Court to sit in appeal over the orders of the high court and substitute its judgement for that of competent authorities which was not permissible in law.