According to the state government said that the land sought to be declared as protected mangroves, forms a part of ‘excluded portion’ and yet to be sanctioned under the DP 2034 which was notified in May, 2018.
The Maharashtra government on Tuesday told the Bombay High Court that nearly 400 acre at Pahadi village in Mumbai’s Goregaon (West), which had mangroves as per Development Control Regulations (DCR), 1991, had ceased to be a no development zone or a green zone after DCR-1991 was modified in 2018.
The state said that the April 2018 modification made the land “developable” and therefore, a public interest litigation (PIL) seeking restoration of the green zone by replanting mangroves was not maintainable.
According to the state government said that the land sought to be declared as protected mangroves, forms a part of ‘excluded portion’ and yet to be sanctioned under the DP 2034 which was notified in May, 2018. Therefore, PIL was premature and not maintainable.
The HC was hearing a PIL filed by environmental activist group Conservation Action Trust after it found that the 400 acre-land was reserved as a residential and special development zone in the Development Plan of 2034. The Trust sought directions to cancel allotment of the land and restore it as a no development zone by replanting mangroves.
A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar heard the PIL, along with intervention pleas, through video conference on Tuesday.
Advocate Sharan Jagtiani, representing the Trust, said that massive destruction of mangroves had taken place in the late 1990s to pave way for residential and recreational projects. However, it was stayed by the Ministry of Environment and Forest and a committee was formed to assess the status of the land.
After hearing submissions, the bench said that all parties to the case are required to file affidavits clarifying their positions within a week. It directed the Trust to file a rejoinder in three days thereafter. The court will hear the plea next on August 5.