Description

This case is concerning the destruction of riverine ecology of the Mithi River, Mumbai. The project is for the construction of retaining walls and service roads along the river bank, and of widening, deepening of Mithi River.

The nature of the project demanded Environmental Appraisal being done. The absence of such appraisal would defeat the purpose of Environmental Impact Assessment. It was concluded in a report submitted by an expert to the court that the blasting activity has caused certain environmental damages which need to be assessed for its restoration. The project was termed as lackadaisical by the court . The authorities were required to take the domestic sewage issues which were largely responsible for deterioration of Mithi River water quality matter and necessary directions were issued in that behalf. In this case it was noticed that the application that the MCZMA Authority did not have an opportunity to evaluate and appraise the documents as prescribed in Sub Rule 4.2 of CRZ Notification 2011. The MoEF went through the documents in its EAC meeting but the documents, particularly the minutes referred above, did not reveal any reference to the critical nature of the project, completion of large part of the project before such clearance, provision and adequacy of the environmental safeguards, effect of already existing structure on riverine structure and also the mangroves, adequacy of stretches system for tidal exchange, water quality status of River Mithi, filling of garbage and rubble for the development of service road and other factors. It also deliberated that the CRZ notification requires an examination of the project, by expert bodies like MCZMA and EAC/MoEF, the record must indicate a due and proper application of mind by the Authorities to all aspects of environmental concern. There has to be compliance of the regulatory regime and environmental governance in accordance with law. The authority must have adhered to fair and transparent principles established by law and that the reasons which emanate from the public body must be suggestive of the decision maker having taken into consideration all relevant aspects. CRZ Clearance has been granted without following due process and also, without verifying the environmental impacts and environmental safeguards. There was also a finding that the 90% of construction of the project had already been completed and it was a case of 'fait accompli'. It was also observed that the removal of the retaining wall will cause more significant environmental damage to the local ecosystem.

P.S: This matter has already been resolved by the court giving specific directions to the defaulters to comply with the CRZ Notification,2011.

This case was brought before the NGT, Delhi titled "Jalbiradari and Ors. Vs. Ministry of Environment & Forests and Ors."

Directions given by the court:

The CRZ notification requires an examination of the project, by expert bodies like Maharashtra CZMA and EAC/MoEF, the record must indicate a due and proper application of mind by the Authorities to all aspects of environmental concern. There has to be compliance of the regulatory regime and environmental governance in accordance with law. The authority must adhere to fair and transparent principles established by law and that the reasons which emanate from the public body must be suggestive of the decision maker having taken into consideration all relevant aspects. The requirements of a transparent, scientific, accountable and responsive decision making process.

The MoEF while giving clearances, is at a liberty to seek an independent report/s from NEERI/CWPRS or any other Expert Agency directly, on the specific issues, if required, for stipulating additional safeguards, including tidal exchange capacity, flood flows, effect of blasting in the river bed, sedimentation, mud flats etc.

Maharashtra CZMA shall investigate complaints related to destructions of mangroves, dumping in CRZ areas of Mithi river basin and take stringent action against the offenders within two (2) month. Maharashtra CZMA shall notify the CRZ area along the Mithi river with its boundaries within next 2 months and both, MCZMA and MCGM shall ensure that this area is regulated strictly as per CRZ notification