NGT junks plea against nod to Shivaji Memorial

Project is preceded by scientific studies; all environmental safety measures taken: NGT

MUMBAI: The National Green Tribunal (NGT) this week quashed a 2017 petition by a citybased Koli community leader (now deceased) challenging the environment clearance (EC) granted by the union environment ministry to the Public Works Department (PWD) for the Chhatrapati Shivaji Maharaj Memorial on grounds that the project will damage the environment and impact marine biodiversity and consequently the livelihood of fishermen operating near the site, which is 1.2 km southwest of Raj Bhavan and 3.6 km southwest of the Girgaon jetty. A copy of the Tribunal’s order dated May 11 has been reviewed by the HT.

Dismissing the appeal of the petitioner, Damodar Tandel (former head of the Akhil Maharashtra Macchimaar Kruti Samiti), a special NGT bench headed by chairperson Adarsh Kumar Goel said, “We find that the project is preceded by scientific studies and all environmental safety measures and mitigation measures have been taken based on expert studies.” Tandel passed in December 2020 and is succeeded by his son, Devendra Tandel, who is since then serving as the president of the AMMKS.

The Centre had in February 2015 granted EC for the project. EC was amended in June 2018 on account of an increase in the height of the statue.

“Except bald contention about the adverse impact on biodiversity and environment... no meaningful argument has been addressed to point out any infirmity in the process for grant of EC,” the bench said, dubbing the petitioner’s concerns as “illfounded”. It emphasized that the project be viewed “in larger national and public interest to project the values of one of our greatest national heroes.”

Speaking to HT, Devendra Tandel said he was unaware of the NGT order passed on May 11. “It is a bit suspicious that the court has not put my father’s death on record. I will have to consult with the lawyer first. As far as our stance on the project is concerned, we are opposed to it. We have seen in the case of Coastal Road project, which also apparently had all environment safeguards in place, that fishermen have been badly affected.”

Debi Goenka, executive trustee, CAT, said, “The stay imposed by the Supreme Court continues. We are waiting for our case to be listed for hearing in the high court. Unfortunately, the NGT has passed this order without substituting the original petitioner.”

Prashant Navghare, secretary of the public works department, said, “Supreme Court stayed the memorial work in 2019 and the case is now pending in the Bombay high court. We have prepared our reply and will submit it to the high court soon. It is being legally scrutinised. Similarly, Ministry of Environment and Forest and Climate Change (MOEF&CC) will have to submit its affidavit in the case over the contentious environmental issues. The construction cannot resume until the HC vacates the stay.” Another official from the PWD said that the NGT order will help them in pleading for the vacation of the stay in the HC. “We will add the NGT order to our affidavit, requesting the HC to lift the stay. We had taken all the permission before beginning the work, but objections have been raised on certain specific permissions. The work can resume only after the stay is vacated.”

(With inputs from Surendra P Gangan and Kanchan Chaudhari)