CRZ nod plea for Kanjur ground wall will go to A-G

MUMBAI: A request for a post-facto coastal regulation zone (CRZ) clearance for the compound wall along the Kanjurmarg dumping ground is to be referred to the state attorney-general for his opinion. This is because there is no provision in the CRZ Notification 2011 to grant post-facto clearance. The BMC has filed a request before the Maharashtra Coastal Zone Management Authority (MCZMA) for clearance on the ground that the compound wall is necessary to prevent the land, provided for the dumping ground, from being encroached upon.
In defence of its decision to construct the compound wall, the BMC said the environment impact assessment report submitted to the Union ministry for environment and forests had emphasised on the need for strengthening the peripheral bunds as well as construct a road on the top. Accordingly, the compound wall was constructed by the BMC around the entire dumping ground both in the CRZ as well as non-CRZ areas. The MoEF issued certain directives to the BMC, which included removal of the wall in the CRZ areas.
At around the same time, NGO Vanashakti challenged the MoEF directives in the National Green Tribunal, Pune. The NGT in turn directed the demolition of the wall. The NGT order was challenged by the BMC in the Bombay high court, which stayed the NGT order in 2014. Vanashakti challenged the high court order in the Supreme Court, which directed all parties to abide by the high court order.
The BMC in its appeal before the MCZMA has further said the compound wall is to prevent soil erosion and “is helping in protecting mangroves in and around the allotted project area. It (compound wall) is a requirement of the Municipal Solid Waste Rules 2000 and will provide a buffer between the processing site and the surrounding environment,” said the BMC.
The MCZMA observed that there is no provision in CRZ Notification 2011 to grant post-facto CRZ clearance. Also, the matter is sub-judice before the Supreme Court.