Powai jogging track illegal

When the advocate for the corporation, Joel Carlos, sought a stay on the order, CJ Datta said:

‘‘If the court stays its own order then it shows that the court is not sure of its order. We don’t pass orders like that. We are sure it is illegal and so it has been stopped.” The HC was hearing two different PILs filed by two PhD researchers from IIT-Bombay, Omkar Supekar and Abhishek Tripathi, and the second one by an NGO, Vanashakti. The pleas had sought a stay on the construction of the cycle and jogging track and sought directions to restore the site to its original state with immediate effect. Opposing the PILs, the BMC had claimed that for constructing the proposed cycling track, it was using “Gabion technology” which is “porous and doesn’t prevent the flow of water” during the monsoon. It further contended that the latest technology was being used for the project, which was in public interest, with no reclamation or construction work. “Gabion technology consists of merely placing PVC-coated galvanized iron wire mesh baskets containing stones of various sizes, without any joinery, fixing or cement mortar,” the corporation had said in its reply.

The petition had highlighted various failures of ‘Gabion Technology’, whereas the BMC failed to respond to these contentions or deny it. “We may note here with alacrity that respondent MCGM has not filed any material on record to satisfy us that ‘Gabion Technology’ is sufficiently proven technology or is based and supported by scientific study about its utility sans failures,” said the HC.

The court also noted that although the “acclaimed project” undertaken by the BMC “suggests ‘rejuvenation and reinvigoration’ of the physical and natural environment of Powai Lake”, the same is far from true as seen by photographs. “… the obtaining situation as discernible and decipherable from photographs, which is not disputed, shows land filling / reclamation, metallic frames raised on water body for dumping stones and laying of tar road along with peripheral area of the lake which cannot by any stretch of imagination be termed or construed ‘rejuvenation and reinvigoration’ of the physical and natural environment of

Powai Lake,” added the court. Agreeing with the environmentalists, the HC has said: “Common sense would prompt a disturbing conclusion that construction of cycle track or any slightest disturbance to the otherwise serene water body of the surrounding area would have far reaching effects on the ecology and aquatic life of the lake, which already has excessive silting, sewage ingress and extended hyacinth growth leading to eutrophication of the lake water.” Activist Zoru Bhathena had filed an intervention application, wherein he had contended that reclamation of the lake had been done, which was impermissible. The pleas also contended that the construction was also dangerous to the ecosystem, as part of the lake was being reclaimed. Also, the Heritage Conservation Committee had clearly stated no construction or reclamation of any kind should be allowed. Citing the Development Control Regulation, it stated that there should be no construction within 100 metres of the water body.

The NGO had contended that there was also a crocodile park at Powai Lake and hence permission was required to be taken from the National Wildlife board, which was not done.