HC bans reclamation, development across all state wetlands
A total ban on recuperation and creation on wetlands in Maharashtra which called for timely action against violations was ordered on Wednesday by the Bombay high court.
A wetland is any land bordering a water body, which gives a distinct eco-system. This could be coastal or inland and include mangroves, marshes and swamps.
Justices V M Kanade and Anil Menon with their division bench noticed that there was “systematic destruction” of wetlands and illegitimate constructions on them. They stated that there was “no permanent machinery” to observe violations and “no attempt (was being made) by the state to discontinue the destruction’’ of wetlands or preparing its “brief document”.
It was directed by the judges that permission shouldn’t be approved for construction and recuperation on wetlands shown on the Centre’s wetland atlas and an immediate action should be taken by the collector and relevant authorities designated under the Environment Protection Act (EPA) against violations.
Sources grants 4 weeks to govt for submitting report on wetlands.
On destruction of wetlands in the state a Bombay high court division bench of Justice V M Kanade and Justice Anil Menon was authorized to submit an ‘action-taken report’ at the next hearing in four weeks.
It will be decided by the judges after passing orders for refurbishment of the damaged wetlands after receiving the report. For saving wetlands and for setting up of a wetlands authority to monitor violations the judges were hearing public interest litigation by NGO Vanshakti.
Following the HC’s order the state government had on December 18, 2013, issued a government declaration directing civic bodies to implement a ban on recuperation or constructions on wetlands. Reports showing large-scale destruction of wetlands along the Mumbai-Ahmedabad highway, near Vasai Creek and in Mira-Bhayander, in contempt of court orders, the chief conservator of forests (mangroves) recently submitted to the court.
There was no inventory of wetlands in the state and no timeline when the government was going to prepare a ‘brief document’ which would map wetlands, as argued by Vanshakti’s advocate Abhishek Jebaraj.
He asked “How do we scrutinize areas of rampant construction?” Under Section 19 of the EPA, the government’s advocate, G W Mattos, submitted, the Central government had notified a list of authorities who can take action against environment damage. He stated that the the state had put up a notice that prevented construction or recuperation of wetlands without court.
Recently a report by the court has been submitted by the chief conservator of forests (mangroves) showing large-scale devastation of wetlands along the Mumbai-Ahmedabad highway, near Vasai Creek and in Mira-Bhayander, in contempt of court orders.
As per Vanshakti’s advocate Abhishek Jebaraj argument there was no wetlands in forest areas. Jebaraj staed the collector should not only take “punitive action, but also take action for restoration”. The judges stated that the government should set up machinery to monitor violations or destruction of wetlands would continue. As per Justice Kanade “You have to stop this,’’.
Mattos alleged the court to issue an order analogous to stop mining and made a statement that “until such an order is passed, it will not be effective’’. After this the court finally approved the order.
STRONG VERDICT
HC orders total ban on recuperation and creation on wetlands, cites “systematic destruction” and illegitimate constructions. It says no attempt by govt to stop devastation of wetlands has been taken. It directs the authorities to submit an ‘action-taken report’ at the next hearing in four weeks.
Source: Times of India
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