The Bombay High Court has rejected the plea made by City and Industrial Development Corporation (Cidco), which is a nodal agency for the Navi Mumbai international airport, to exempt from Forest Conservation Act clearances despite 110 hectare of land occupied by mangroves. Instead, the high court has asked the ministry of environment and forests to expeditiously consider Cidco’s applications for clearance under the Forest Conservation Act for the Navi Mumbai international airport and other projects provided the former had made applications in this regard.
Cidco had pleaded that the clearance under the Forest Conservation Act, 1980 was unnecessary and can be dispensed with especially when the government had declared mangroves areas as protected forest area. High court delivered this order on January 18 a day after a high level team led by the additional principal chief forest conservator Lakhwinder Singh visited the project site to check present status of mangroves.
The high court, which is hearing the petition filed by the Bombay Environment Action Group, has convened next hearing on February 21. The high court said “ Cidco will have to obtain permission from the appropriate authority in relation to coastal regulation zone (CRZ) restrictions as also separately from the Forest Authority, both of Government of India. Only after such permission is granted by the said authorities, the court may consider the matter further, after taking into account objections, if any.”
Further, the high court observed that from the record, it was noticed that Cidco has not made any such applications so far. “If it is already made, we have no manner in doubt that the appropriate authority of the Government of India, dealing with the issue of CRZ and Forest, shall decide the said application expeditiously, keeping in mind that the permission sought is for construction of link road, which is in public interest. If no application has been made for grant of permission by Cidco so far, that may be made within one week from today to the concerned authorities who in turn shall decide the same expeditiously, in accordance with law and preferably within four weeks from the date of receipt thereof,” the high court said.
Cidco official confirmed that it has yet to receive forest clearance for the Navi Mumbai international airport. “The central team has conducted visit at the project site especially of the land currently covered by the mangroves. Cidco has already proposed mangroves plantation adjacent to the airport project site on 415 hectare,” the official told Business Standard. He added that Cidco would follow the high court’s order.
As reported by Business Standard a total of 1160 hectare is proposed for the airport project of which mangroves are currently spread over 110 hectare. Nearly 80 per cent of the land has been in Cidco's acquisition. However, Cidco's negotiations with project affected villagers (PAPs) for the acquisition of 291 hectare are incomplete.
Although PAPs have dropped their earlier demand of compensation of Rs 20 crore per acre, they are pressing for providing 40 % developed land. However, Cidco has offered 22% developed land."Cidco has submitted its proposal in this regard to the state cabinet which is expected to give its approval in the near future," the official said.
