Mumbai: HC to hear PIL against the construction of the Powai cycle track

The Bombay High Court is to hear a public interest litigation (PIL) on October 13 challenging the construction of the Powai cycle track on the limited issue that it passes through the eco-sensitive zone of Sanjay Gandhi National Park (SGNP) and along the Pipeline Road passing through the SGNP and Vihar Lake.

The SGNP deputy director had informed the HC that, based on a complaint received regarding the construction, it had registered a "Preliminary Offence Report" (POR) under the provisions of the Indian Forest Act, 1927 and the Wildlife (Protection) Act, 1972 and asked the Brihanmumbai Municipal Corporation (BMC) "to desist" from carrying out further construction.

The HC, in May, had termed the BMC’s ambitious project of the construction of a bicycle and jogging track at Powai Lake and the catchment area "illegal" and has directed its removal.

The second PIL, filed by activist Amrita Bhattacharjee and three others, has opposed the construction of the proposed 36 km long cycle track project "Green Wheels along Blue Lines", stating that the same is "illegal and unauthorised" as it poses serious hazards to the lake ecosystem and falls foul of the provisions of the Guidelines for implementation of the Wetlands (Conservation and Management) Rules, 2017.

Besides, the construction activities violate various other laws—Development Control and Promotion Regulations, 2034 notified under the Maharashtra Regional and Town Planning Act (MRTP), Maharashtra (Urban Areas) Protection and Preservation of Trees Act, Environment Protection Act, Forest (Conservation) Act, and Wildlife Protection Act.

The plea contends that the developmental activities being carried out in this environmentally sensitive and natural area "pose a serious threat to the health of Vihar Lake, which is one of the drinking water reservoirs of Mumbai city".

Besides, these activities have the "potential to cause severe ecological imbalance with disastrous consequences, including increasing the impact of natural disasters such as flooding that have been a matter of concern for the people in the city".

The activities have commenced without obtaining any clearance from the appropriate authorities as required under law, and have the impact of causing destruction of the environment, wildlife habitats, and the rich biodiversity of the area, it adds.

An affidavit was filed by the Deputy Director (South) of the SGNP, Uday Dhage, stating that following a complaint and an inspection, it has directed the BMC "to desist from doing any non-forestry works" within the National Park and adjoining forest area.

The forest department had sought a reply from the BMC after receiving a complaint regarding "non-forestry activities" being carried out in some parts of SGNP. The civic body claimed that the cycle track was being constructed on its own property—along the pipelines, which were excluded from the forest area.

An inspection report was submitted by the Range Forest Officer, Tulsi Range of SGNP, which stated that three "gabion walls" of various dimensions have been constructed adjoining the notified national park area, aggregating 485 metres in length and covering an area of 5561 square meters.

The forest department has registered a "Preliminary Offence Report" (POR) under the provisions of the Indian Forest Act, 1927 and the Wildlife (Protection) Act, 1972 and a further inquiry into the same is being conducted.

"Directions to desist from doing any non-forestry works within the National Park and adjoining forest area without complying with the statutory provisions in vogue have been communicated to the MCGM authorities," it adds.

Published on: Saturday, October 08, 2022, 11:58 PM IST