Maharashtra
,
Bhandup
,
Mumbai
Published :
Sep 2019
|
Updated :
Bhandup Wetland in Maharashtra Buried Under Mountain of Debris, Shrinking in Size
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2017
Year started
40
Land area affected
Households affected
People Affected
2017
Year started
40
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In April 2019, environmental group Vanashakti filed a complaint with the Mumbai suburban district administration, Mumbai police and the state government about construction debris being dumped on wetlands, grasslands and salt pans spread across 45 acres in Bhandup (East). The debris has reached a height of 20 feet. As per the Coastal Regulation Zone (CRZ) Notification, 2011, salt pans are ecologically sensitive areas falling under the category CRZ1, where no development activity is allowed, except exploration of natural gas and extraction of salts. Vanashakti submitted a satellite map of the site as proof of illegal landfilling. The debris is allegedly being dumped by builders and the Mumbai Metro Railway Corporation (MMRC) from its works of Metro Line 3. Earlier in 2017, citizens' group Shree Ekvira Aai Pratishthan had filed a complaint with the suburban collector, mangrove cell and civic body of Bhandup against the illegal reclamation of wetlands, banned by the Bombay High Court in 2012. The authorities are yet to take any action. The wetlands form a stopover for migratory birds under the Central Asian Flyway and are located adjacent to the Thane Creek Flamingo Sanctuary. They are home to 30 different bird species, four of which are nearthreatened and 14 are migratory. Seven of these species fall under Schedule I of the Wildlife Protection Act, 1972, while the remaining 23 are categorised under Schedule IV of the Act, offering them protection against hunting, trafficking and other offences. Sedimentation through the disposal of sewage or solid waste in this zone has made the creek shallower over the past five decades. It has become a suitable habitat for mangroves to grow rapidly.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Brihanmumbai Municipal Corporation, Bombay High Court, Mumbai Metro Railway Corporation, Maharashtra Pollution Control Board

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Vanashakti, Shree Ekvira Aai Pratishthan

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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