Bombay High Court slams state for being ‘casual’ to wetlands

The Bombay high court on Monday has warned the state of “appropriate action” against them, for their “very casual approach” while dealing with the issue of preservation of wetlands across Mumbai Metropolitan Region (MMR).

Hearing a notice of motion on the petition filed by NGO Vanashakti in 2013, a division bench of justice A.S. Oka and A.A. Sayed lashed out at the officials for their ignorance towards the issue, withdrew the affidavits filed by the state officials and gave the state two weeks’ timeline to file fresh affidavits on wetland conservation.

NGO Vanashakti had filed a PIL in 2013, pointing out the destruction of wetlands in the city and rampant ignorance towards the Wetland Ruled 2010. The PIL had blamed the state officials for failing to protect wetlands, or carry out mapping and reclamation, after which the state officials were asked to prepare a plan of action for wetland conservation.

Talking about the affidavits submitted by Sudam A. Pardeshi, Dr Santosh M. Thite, Dattaprasad Dnyandeo Nade, and Bharat A. Shitole, sub divisional officers of Thane, Bhiwandi, eastern suburban Mumbai and Panvel respectively, the bench said the SDOs concerned disclosed a very casual approach while dealing with the issue of wetland preservation. “The officers were not even conscious of the fact that they were dealing with the issue of destruction of wetlands and under an impression as if they were dealing only with the issue of destruction of mangroves,” stated the bench.

As there was no inquiry made by the said officers to ascertain whether the wetlands where breach was conducted existed at the time the accusations of destruction was made, the state government also failed to respond to the Bombay high court in the June 6 hearing.

“Considering the fact that the issue of destruction of wetlands is very sensitive, we expect the officers of the state to act with greater responsibility and to properly deal with the averments made in the contempt petition,” the bench further stated.

The Bombay high court, rejecting all the affidavits filed by the officials concerned, has now given a two-weeks timeline to file fresh affidavits. “We make it clear that if we find that the officers of the state adopt casual approach, appropriate action will be initiated,” the bench stated.

The Bombay high court on Monday said that the Maharashtra government wants to destroy the mangroves under the name of development by seeking modification in the HC 2013 order which restrain construction on wetlands. Division bench of Justice Abhay Oka and Justice A.A. Sayed was hearing a petition regarding rising development on wetland. Last week, the state had asked the court to modify its earlier order which restricted development on wetlands. The court had come down heavily on the state and asked the public prosecutor to take instructions of concern officers that they still want to continue with the application or withdraw it. The prosecutor said on Monday that state officers are not ready to withdraw it. The court then said that state wants to destroy mangroves under the name of development. It also directed acting advocate general Rohit Dev to appear in the next hearing.