Environmental group moves NGT to save Navi Mumbai green space from commercial development

Pleading to save a designated open space with a green patch of over 200 trees from being permitted for commercial development in a chemical zone at Pawane in Navi Mumbai an environmental group has moved the National Green Tribunal NGTThe Maharashtra Industrial Development Corporation MIDC has allotted a part of the plot dominated by big and small trees to a projectaffected person PAP for a hotel boarding and lodging facility which cannot be allowed in the designated open space NatConnect Foundation director B N Kumar argued in his application filed with the NGTrsquos western zonal benchKumar clarified that he has no objection to the MIDC helping any PAP but the green space must be maintained The application said the PAP could be resettled in any other suitable placeThe land OS7 measuring over 3600 sq mtr was originally leased out for ten years in 2000 to a chemical company Expanded Incorporation for plantation NatConnect said quoting a response from the MIDC under the RTI Act The environmental watchdog sought information on the status of the land as some white lines were being drawn and holes dug amid greenery on the plotThe RTI response also recorded that the MIDC however decided in 2008 to take back the plot for allotting it to PAPs and accordingly informed Expanded Incorporation of this decision much later in January 2024Kumar said in his application that the tree plantation in Open Space No 7 started 23 years ago in May 2001 and the longstanding decision to maintain a robust belt of trees in the plot is now arbitrarily being illegally reversedKumar submitted that tree cover a wellmaintained lawn and flowering plants must be retained Trees play a crucial role in absorbing excessive air pollution in the region and insulate the residential areas from health issues and other detrimental consequences arising from the pollution generated from the MIDC industrial areaThe application submitted that the MIDCrsquos own Comprehensive Development Control amp Promotion Regulations CDCPR stipulate that those structures meant only for common use such as a gym yoga pavilions kindergartens libraries and civic amenities such as water tanks and electric substations may be permitted in open spaces Thus commercial structures are prohibitedMoreover Kumar pointed out that the Supreme Court held in a recent judgement that open spacesgardens left in an approved layout cannot be allowed for the purpose of construction OS7 at Pawane is part of an MIDCapproved layoutIn another case the Bombay High Court set aside the CIDCOrsquos plan to allot an open space meant for a sports complex for real estate The Supreme Court subsequently upheld the verdictStating that the open spaces are essential to uphold the fundamental rights of the people the High Court had observed that there would be a gross failure on the part of the government and other public bodies if such vital issues are overlooked andor intentionally sought to be buried in creating urban junglesldquoIf we do not have a foresight concern and care for the future rights of the citizens and from all possible perspectives we are abdicating the Constitutional principles which recognizes an overall development of an individual which is part of the right to livelihood as guaranteed under Article 21 of the Constitution and as interpreted in its various dimensions in catena of judgments of the Supreme Courtrdquo the HC saidNatConnect therefore stressed the importance of maintaining green lungs in the chemically polluted area which is in close proximity to Pawane villageCommercial development on the 300 sq mtr plot allotted to the PAP would result in the destruction of 34 trees But a much more serious problem would arise if this precedent is set change of use on OS7 is permitted Kumar said and expressed the fear that the entire green patch would be wiped out