The Bombay High Court today asked state's development authority CIDCO to get the Maharashtra Coastal Zone Management Authority's nod to remove mangroves for de-silting of holding ponds in Dronagri node of Navi Mumbai.
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.
MoEF has been asked to take a decision within four weeks after receiving the application of CIDCO for removing mangroves from holding ponds to pave the way for development in Navi Mumbai, the bench further ordered.
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.
BEAG referred to the CRZ notification of 2011 which said that mangrove areas in excess of 1000 square metres were classified as CRZ-1 and required buffer zone of 50 metres to be maintained. Desilting the holding ponds would result in the destruction of fully grown mangroves and hence it should not be allowed, BEAG pleaded.
