No golf course on Navi Mumbai wetlands: HC strikes down plan
Golf course was meant to ‘prevent’ bird hits; Cidco likely to move SC
MUMBAI: The Bombay high court on Thursday struck down a government notification that allowed the conversion of two vast stretches of wetlands in Navi Mumbai, which attract a large number of migratory birds every winter, into a golf course and residential area.
The order may adversely affect operations at the proposed Greenfield airport — which will be developed by the City and Industrial Development Corporation (Cidco). The golf course was purportedly being developed to prevent bird hits to planes as it was going to be constructed in the funnel zone — the airspace where high-rise buildings are banned — of the proposed second international airport for the city.
According to Cidco’s chief public relations officer, Priya Ratambe, “We are yet to receive a copy of the order and hence we cannot comment as of now. The golf course had been planned after taking the proposed airport into consideration. It included the issue of bird hits to aircrafts. We will study the order and we may appeal the Supreme Court.”
The state government had issued a notification in October 2016 reserving 20 hectares in Karave
OPPOSITION TO NOTIFICATION
Navi Mumbai Environment Protection Society and an individual, Sunil Agarwal, had filed separate public interest litigations raising concern about “systematic destruction of wetlands” and mangroves in
Navi Mumbai village for a golf course and another small part of the wetland for residential purpose. The residential area was to make the golf course economically viable. The Navi Mumbai Environment Protection Society and an
HC STRIKES DOWN NOTIFICATION
A division bench of justice Abhay Oka and justice Riyaz Chagla on Thursday held that the reservations provided by the notification cannot be implemented, as the wetland area was protected under last year’s Supreme Court order and various orders of the high court individual, Sunil Agarwal, had filed separate public interest litigations raising concern about the systematic destruction of wetlands and mangroves in Navi Mumbai. They had also challenged validity of the October 2016 notification.
A division bench of justices Abhay Oka and Riyaz Chagla on Thursday accepted their contentions and held that the reservations provided by the notification cannot be implemented, as the wetland area was protected under last year’s apex court order and various orders of the high court. The bench said the wetlands were not only included in National Wetland Atlas, National Wetland Inventory and Assessment, but have also been treated as water bodies by the forest department.
The court now restrained Cidco and developer of the golf course, Mistry Contractor Company Private Limited, from proceeding with the development work and directed the state government and Cidco to protect and preserve the local home to thousands of migratory birds and ensure the wetlands are not destroyed.
The bench said it was the constitutional obligation of the government and Cidco to protect the wetlands .