Petition updateMumbai’s climate and ecology in danger.Aarey a forest, a part of SGNP - State to SC
Nirali VaidyaMumbai, India
Jun 21, 2020

The chief executive officer (CEO) of the Aarey administration and representing the dairy development department in a counter-affidavit filed in the Supreme Court (SC) said the green lung in Goregaon is part of the Sanjay Gandhi National Park (SGNP). This is the first time any state body has put on record that Aarey is contiguous to the national park.

Nathu Rathod, Aarey CEO, confirming his submission said, “Aarey is an extension of SGNP. Though the area is not a declared forest, these forest patches home to several animals and birds are being protected by us. Any cases of tree felling, forest fires and encroachments are being tackled by us,” said Rathod. “Encroachers and tribal residents have tried to take advantage of the lockdown and encroach upon forest areas.”

In his affidavit, Rathod identified cases of tree felling and illegal encroachment reported from units 5, 13, and 16. “In each case, our security staff took stock of the issue and filed a detailed complaint before the local police. So far three first-information-reports (FIRs) have been filed but nobody has been arrested. We have identified a few more violators, and informed the police,” said Rathod adding, “The forest fires were reported on April 17 and 20 from areas under the control of the State Reserve Police Force (SRPF), where we do not have access.”

Petitioners and environmentalists welcomed Rathod’s submissions. ““If one state body which is the landowner can honestly disclose that Aarey is a part of SGNP and it is a forest, then it is the state’s responsibility to notify and protect the green lung. This will end this six-year-long battle,” said Rohit Joshi, environmentalist.

“This is the first time the state has submitted an honest response to the SC on factual details on Aarey.” said Zoru Bhathena, environmentalist and co-petitioner.

407 acres (165 hectares) is excluded from eco-sensitive zone notification (issued on December 5, 2016) of Sanjay Gandhi National Park (SGNP) from Aarey for various construction and development projects under the claim that Aarey is not a part of Sanjay Gandhi National Park.

Projects in the pipeline at this eco-sensitive zone include:

1.5 acres (33 hectares) – Taken up by Metro 3 car-depot construction led to the alleged felling of 2,141 trees according to the Mumbai Metro Rail Corporation Ltd

28.17 acres (11.4 hectare) – Total buildable area for the Metro Bhawan, according to the state government, including 5 acres (2.03 hectares) area on which Mumbai Metropolitan Regional Development Authority (MMRDA) will build the 32-storey Metro Bhawan, operation control centre, permanent re-servicing station, temporary labour camp, steel machinery yard, and metro related technical offices

190 acres (76.8 hectares) – Zoological park of ‘international standards’ being built based on an agreement between the Maharashtra government and Brihanmumbai Municipal Corporation. The forest department issued a government resolution on October 9 approving a grant of ₹60 lakh for a construction wall for the zoo built between Marol and Aarey

90 acres (36.42 hectares) – Identified by the Maharashtra government to rehabilitate encroachments in the form of shanties from within and around Sanjay Gandhi National Park and the Maharashtra Housing and Area Development Authority (Mhada) has been appointed for this

4 acres (1.61 hectares) - Maharashtra Motor Vehicle Department (MMVD) has sought the area for its regional transport office (RTO) on a lease basis

If this eco-sensitive zone is taken away for the above development projects, Mumbai shall lose its pristine forest to ill effects of forest fragmentation and urbanisation. Mr. Rathod’s submission can give hope to the city that is fighting to save its last remaining urban forest.  

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