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Mangrove conservation amidst land sharks

Published online by Cambridge University Press:  25 April 2012

Shweta Bhatt
Affiliation:
Conservation Action Trust, Mumbai, India E-mail shweta@cat.org.in
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Abstract

Type
Conservation News
Copyright
Copyright © Fauna & Flora International 2012

Mangroves in and around Mumbai, India, have undergone massive destruction and c. 70% of Mumbai's mangroves have been destroyed by various development activities. In spite of the protection afforded by several Acts, mangroves in the city continue to face destruction. Since 2005 the Conservation Action Trust, a registered non-profit organization formed to protect the environment, and particularly wildlife and forests, with a focus on mangroves, has been handling a number of cases that were filed by the Bombay Environmental Action Group prior to the formation of the Trust. The Trust is dedicated to providing assistance in the form of technical information, legal advice, aid and equipment to those who are confronting environmental problems. It works closely with Forest Departments and NGOs working to protect nature and natural resources.

To protect the remaining mangroves in and around Mumbai, Debi Goenka, the Executive Trustee of the Conservation Action Trust, filed a Writ Petition in the Bombay High Court seeking the Court's intervention to inhibit the destruction of mangroves. The result was an order passed by the Honourable High Court on 6 October 2005 that states: (1) There shall be a total freeze on the destruction and cutting of mangroves. (2) All construction and rubble/garbage dumping on the mangrove areas shall be stopped forthwith. (3) Regardless of ownership of the land, all construction taking place within 50 m on all sides of all mangroves shall be forthwith stopped. (4) All Government owned land will be notified as Protected Forests and handed over to the Forest Department.

However, there was a delay in notifying the areas as Protected Forests, in view of which a further order dated 27 January 2010 was passed to protect the mangroves in Raigad, Ratnagiri and Sindhudurg Districts. As per this Order, ‘no non forests activity should be permitted by the respondent state in these mangrove areas throughout the state of Maharashtra which shall be subject to section 2 of the Forests (Conservation) Act 1980 and Environment Protection Act and Rules, without taking permission from the competent authority’.

Based on these orders and the efforts of the Conservation Action Trust for protection and conservation of mangroves, in November 2011 the Supreme Court rejected a plea by a local builder to convert the mangroves to salt pans (at Dahisar, Mumbai). The builder had already constructed new bunds and dumped thousands of truck loads of debris so as to take over a 430-acre mangrove-covered site for private development. In the field the Trust's team was repeatedly threatened, attacked at least twice and had equipment stolen. However, the Trust continued the campaign along with a local residents' group and was able to halt the destruction of these mangroves.

The same builder, after flouting the orders of the Supreme Court in the matter of removal of debris and restoration of the original bund, filed a petition challenging the action of the Collector (an Officer of the Indian Administrative Service) who had seized his bank accounts and recovered INR 1.25 crores as dues to be paid to the contractor who had removed the debris. The High Court rejected the builder's pleas and passed strictures against him.

The filing of the case for the protection of mangroves has led to > 5,800 ha of mangrove areas in Mumbai, Navi Mumbai and Thane being notified as Protected Forests. These areas have been handed over to the Forest Department. The efforts and advocacy of the Conservation Action Trust have led to a special Mangroves Cell being created within the Forest Department. This Cell is headed by an officer of Chief Conservator of Forests rank.