Supreme Court order of 4th October 2017 for Wetlands in case of M. K. Balakrishnan & Ors vs. Union of India & Ors WP no. 230/2001 - Golf course project navi mumbai
#aadityaThackeray #cmoMaharashtra
Dear Sir ,
A. Pursuant to our meeting on Thursday 16th January 2020 as per our discussion attached herewith is Supreme Court order of 4th October 2017 for Wetlands in case of M. K. Balakrishnan & Ors vs. Union of India & Ors in WP no. 230/2001
In page 4 in top para the supreme Court has ordered as below :
"We make it clear and reiterate that in terms of our order dated 8th February ,
2017, 2,01,503 wetlands that have been
mapped by the Union of India should continue to remain protected on the same principles as were formulated in Rule 4 of the Wetlands (Conservation
and Management) Rules, 2010."
It may be noted that NRI Wetland & TS Chanakya Wetlands are part of these 2,01,503 Wetlands.
B. The problem & litigation is coming because of CIDCO's refusal to accept them as Wetlands .
This fact is made very clear by MCZMA affidavit before Bombay high court :
The Environmental clearance for Golf course & residential towers project has been given by MCZMA .
Before granting the permission MCZMA asked CIDCO to clarify whether the land under reference is a Wetland ?
The permission was given only after CIDCO letter dated 19 th January 2017 stating that Pocket A , B , C , D & E of Sector 60 is not Wetland.
In view of the above we request you to
i ) order cancellation of permission by MCZMA of this project obtained only on the basis of false statement by CIDCO.
ii) scrap the whole project .
iii) ask CIDCO to withdraw it's SLP before Supreme Court as already lot of public money has been wasted on the litigation and the Wetlands are protected by the Supreme Court order of October 2017 enclosed herewith.
Thanks & regards ,
Sunil Agarwal
PS : Bombay Natural History Society (BNHS), a highly acclaimed Society which has been recognized as an expert body by Bombay High Court in PIL No.218/13 vide their letter dated 14.3.2017 addressed to Principal Secretary, Urban Development Department, Government of Maharashtra inter alia informed that a total of 67.85H of No Development Zone near Palm Beach Road has been sanctioned for modification (golf course). The said letter further records that a total of 1761 Ha area as core zone and 904 Ha areas as buffer zone, has been suggested to be declared as Flamingo Sanctuary in Navi Mumbai area by BNHS as mitigation plan towards upcoming Mumbai Trans-Harbor Link or Sewri-Nhava Sea Link in September 2015. The letter of BNHS further records that 67.85 Ha area is part of core zone of the proposed Flamingo Sanctuary which cannot be diverted for change in current land use and that BNHS report mentioning about declaration of Flamingo Sanctuary has been accepted by State Board of Wildlife (SBWL) in its 10th and 11th meetings and therefore diversion of the proposed land use may jeopardise Sewri Nhava Sea Link project as well as Navi Mumbai Airport.
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