Mumbai: The Nationwide Inexperienced Tribunal (NGT) this week quashed a 2017 petition by a city-based Koli neighborhood chief (now deceased) difficult the surroundings clearance (EC) granted by the union surroundings ministry to the Public Works Division (PWD) for the Chhatrapati Shivaji Maharaj Memorial on grounds that the undertaking will injury the surroundings and impression marine biodiversity and consequently the livelihood of fishermen working close to the location, which is 1.2 km southwest of Raj Bhavan and three.6 km southwest of the Girgaon jetty. A replica of the Tribunal’s order dated Could 11 has been reviewed by the HT.
Dismissing the attraction of the petitioner, Damodar Tandel (former head of the Akhil Maharashtra Macchimaar Kruti Samiti), a particular NGT bench headed by chairperson Adarsh Kumar Goel stated, “We discover that the undertaking is preceded by scientific research and all environmental security measures and mitigation measures have been taken primarily based on knowledgeable research.”
Tandel handed in December 2020 and is succeeded by his son, Devendra Tandel, who’s since then serving because the president of the AMMKS.
The Heart had in February 2015 granted EC for the undertaking. In the course of the pendency of Tandel’s attraction, EC was amended in June 2018 on account of a rise within the top of the statue.
“Besides bald competition concerning the opposed impression on biodiversity and surroundings… no significant argument has been addressed to level out any infirmity within the course of for grant of EC,” the bench stated, dubbing the petitioner’s issues as “ill-founded”.
It emphasised that the undertaking be considered “in bigger nationwide and public curiosity to undertaking the values of one in every of our best nationwide heroes.”
Chatting with HT, Devendra Tandel stated he was unaware of the NGT order handed on Could 11. “It’s a bit suspicious that the courtroom has not put my father’s dying on document. I must seek the advice of with the lawyer first. So far as our stance on the undertaking is anxious, we’re against it. We have now seen within the case of Coastal Highway undertaking, which additionally apparently had all surroundings safeguards in place, that fishermen have been badly affected.”
Echoing the issues talked about in Damodar Tandel’s petition, Devendra highlighted that building of the Shivaji Maharaj memorial is proposed on a rocky outcrop space of 1,59,600 sq. meters, which is able to block the circulation of water and impression the motion of waves and the bigger geomorphology of the realm. There may be additionally the query of waste that’s generated on the website, he stated.
The memorial requires 10,26,000 liters per day for sanitary and ingesting functions, and Tandel’s petition expressed issues over the unauthorized discharge of partially handled or handled waste into the ocean.
“If authorities can enable uncooked sewage to be dumped into rivers and creeks resulting in the Arabian Sea, what assure is there that they won’t merely simply discharge it straight in the course of the ocean? This undertaking will encroach on our fishing commons in a couple of means. We are going to take into account interesting in opposition to the NGT’s order,” stated Tandel.
The development actions for the memorial had been halted in January 2019 after the Supreme Courtroom ordered a keep in response to a petition filed by environmentalists.
It also needs to be famous that the NGT’s order doesn’t impression proceedings in one other petition, filed by the city-based NGO Conservation Motion Belief (CAT), difficult the undertaking. That matter is pending earlier than the Bombay excessive courtroom after the Supreme Courtroom issued a keep order.
Debi Goenka, government trustee, CAT, stated, “The keep imposed by the Supreme Courtroom continues. We’re ready for our case to be listed for listening to within the excessive courtroom. Sadly, the NGT has handed this order with out substituting the unique petitioner.”
Prashant Navghare, secretary of the general public works division, stated, “Supreme Courtroom stayed the memorial work in 2019 and the case is now pending within the Bombay excessive courtroom. We have now ready our reply and can submit it to the excessive courtroom quickly. It’s being legally scrutinised. Equally, the Ministry of Atmosphere and Forest and Local weather Change (MoEF&CC) must submit its affidavit within the case over the contentious environmental points. The development can’t resume till the HC holidays the keep.”
One other official from the PWD stated that the NGT order will assist them in pleading for the holiday of the keep within the HC. “We are going to add the NGT order to our affidavit, requesting the HC to raise the keep. We had taken all of the permission earlier than starting the work, however objections have been raised on sure particular permissions. The work can resume solely after the keep is vacationed.”
Performing on a Particular Go away Petition (SLP) filed by city-based Conservation Motion Belief (CAT), on January 11, 2019, the Supreme Courtroom has stayed work on the Chhatrapati Shivaji Maharaj memorial within the Arabian sea. The non-profit group had initially moved the Bombay excessive courtroom in June 2017, difficult the validity of environmental clearance (EC) granted by the Heart for the undertaking on February 23, 2015, on the bottom that it was granted with out holding a public listening to and due to this fact legally unsustainable.
The non-profit group had utilized for a keep on the undertaking after land reclamation for the memorial began on October 24, 2018. HC had on November 2, 2018, rejected the prayer for an interim keep, prompting the petitioner physique to maneuver Supreme Courtroom .
The undertaking envisages a 210-metre-tall statue of the Maratha warrior king on a small rocky island positioned 3.5 km off the Mumbai coast with an estimated expenditure of 3,600 crore.
(With inputs from Gangan P Surendra and Kanchan Chaudhari)
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