Claims against memorial ‘speculative’

The state government has termed the petition filed against its plan to construct a memorial along with an equestrian statue of Chhatrapati Shivaji Maharaj in the Arabian Sea off the coast of Mumbai as “speculative” and “hypothetical”.

The government stated its position in an affidavit filed before the National Green Tribunal (NGT) recently.

According to the government, the petition that was filed by two city-based activists is not supported by “scientific reasons” and has requested the NGT to dismiss it.

The affidavit filed on behalf of Maharashtra Government, the principal secretary (General Administrative Department) and another respondent has said the petition is raising issue of livelihood of fishermen and NGT (West Zone) Pune, does not have jurisdiction to decide issue of livelihood and hence it should be dismissed.

“The primary foundation and basis on which this application has been filed is that the livelihood of the fishermen will be affected,” said the affidavit filed recently. It adds, “This Tribunal lacks in jurisdiction to adjudicate upon the issue of livelihood of fishermen, since the same does not in any manner relate to or is connected with the issues pertaining to environment, and would amount to adjudication of private rights, which power is entrusted upon a Civil Court.”

Without going into details, the affidavit has also alleged that under the guise of purported environmental impact, the applicants are seeking to bring together several causes of actions, which are expressly prohibited.

The affidavit in reply to the petition filed by Damodar Tandel, president of Akhil Maharashtra Machhimar Kriti Samiti and Pradip Patade, a marine conservationist, also said that the applicants have failed to bring on record any data either scientific, environmental and theoretical in support of their several allegations and prayers in the application filed against the government’s decision to construct the memorial.

According to the affidavit, “The project site is located at an elliptical outcrop i.e. a rocky outcrop and that being so, it is inconceivable that any fishing activity can be carried out at the project site or in the nearby area. Moreover, considering that the project site is on a rocky outcrop as admitted by the applicants, the same cannot be a part of the route of the fishermen as they ordinarily avoid route which is rocky and which may cause accidents or damage to their boats and fishing vessels.”