To
1. Shri Uddhav Thackeray
Hon’ble Chief Minister of Maharashtra
Chief Minister's Office
Mantralaya
Mumbai-400 032.

2. Shri Aditya Thackeray
Hon’ble Minister of Environment
Government of Maharashtra
Mantralaya
Mumbai-400 032.

3. Shrimati Manisha Mahaiskar
Principal Secretary,
Environment Department
Government of Maharashtra
Mantralaya
Mumbai-400 032.

Sub.: Identification of “wetlands" in Kharghar, Raigad district of the State
of Maharashtra”

Sir/Madam,

1. Protection and prevention of wetland is extremely essential not only for ecological balance but so also for survival of human beings. What is ‘wetland’ has been defined under Rule 2(1)(g) of the Wetland (Conservation and Management) Rules, 2017 as under, “wetland means an area of marsh, fen, peatland or water; whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish
or salt, including areas of marine water the depth of which at low tide does not exceed six meters, but does not include river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes and
structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes;”.

2. The Hon’ble Supreme Court of India in the matter of M. K. Balkrishnan v/s. Union of India – (2017) 7 SCC 805 taking judicial notice of National Wetland Inventory and
Assessment (NWIA) information brochure recorded in its judgement that the said brochure indicates that there are 2,01,503 wetlands which have been mapped at 1.50,000 scale which have an area of more than 2.25 ha. Several wetlands in Kharghar located in Panvel Taluka of Raigad district are included in this list prepared by the Central Government with the help of experts within ISRO, Central Wetland Authority along with the State Government.

3. The apex court in the above judgement was pleased to direct that Union of India will identify and inventorise 2,01,503 wetlands which have been mapped by the assistance of the state government and order of the apex court will be communicated to the state government which will also bind the state government to the effect that they will have to identify 2,01,503 wetlands which are subject to Wetland (Conservation and Management) Rules, 2017 which interalia prohibits reclamation of wetland, setting up of new industries, manufacture, storage, debri dumping etc. on the wetland.

4. Although the judgement rendered by the apex court in the matter of M. K. Balkrishnan v/s. Union of India (supra) is in respect of 2,01,503 wetlands, however, all the wetlands throughout the country are required to be protected and since
the judgement rendered by the apex court way back on 8.2.17 will very shortly complete 5 years therefrom, the state government has not taken any concrete steps to identify wetlands of having area more than 2.25 ha in the state of Maharashtra and ensure atleast their protection and preservation in compliance of their direction.

5. We may only inform you and also place on record that the Union of India apart from having identified 2,01,503 wetlands having area of less than 2.25 ha and needless to mention therefore these wetlands are also required to be preserved
and protected. Equally it is important to ascertain whether there are more than 7,29,532 wetlands which Union of India has not been able to map in the year 2006 or which were made to disappear to reclaim the land prior to 2006 or thereafter.

6. Furthermore, the Ministry of Environment, Forest and Climate Change (MOEFCC) vide Rule 5(4)(d) of their notification bearing No. G.S.R. 1203 (E) dated 26th September, 2017 has directed all the state governments to prepare inventories of
all the wetlands existing in the respective states keeping in mind the definition of wetland as defined under Rule 2(g) of the said notification. 

7. In the city/node of Kharghar located in the Panvel taluka of Raigad district, where the land has become scarce and the price thereof is sky rocketing, CIDCO officials in collusion and connivance with builders are keeping no stone unturned in reclaiming the wetland by dumping debris, garbage, soil and hundreds of such wetlands have already been made to disappear in past few years. CIDCO is working like a puppet in the hands of unscrupulous builders who are showing no sign of remorse for causing colossal destruction to the massive resources which eventually would endanger human lives.

8. In the circumstances, therefore it is most humbly requested that the judgement rendered by the apex court in M. K. Balkrishnan v/s. Union of India (supra) by MOEFCC is complied with in its true letter and spirit and wetlands which have been disappearing in thin air are restored to its original position at whatever cost which may be involved and the remaining wetlands are preserved, protected and effectively guarded so as to ensure that the remaining wetlands do not
meet the same fate.

9. Furthermore, unless and until there is deterrence to officials indulging in colluding and conniving with the builders, developers and other such elements in causing massive destruction of these wetlands are brought to the book by taking stern action against them and by sending these unscrupulous elements to jail. Further destruction to the remaining surviving wetlands may not be feasible.

10. In the circumstances, therefore you are requested to ensure that the notification bearing No. G.S.R. 1203 (E) dated 26th September, 2017 of the Ministry of Environment, Forest and Climate Change (MOEFCC) is duly complied with in the
manner as aforesaid.

Yours Sincerely - 

Nature loving citizens of Kharghar