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Tuesday, October 15, 2013

Ban construction on wetlands in Maharashtra, HC tells state

Mumbai: The Bombay high court on Monday directed the state government to issue a circular to all civic bodies to ensure that no construction or reclamation is permitted on wetlands in Maharashtra. 

    Adivision bench of Justice V M Kanade and Justice S C Gupte also directed the government to state if it will adopt the Centre's wetland atlas as its "brief document". 
    The court heard a PIL by NGO Vanshakti regarding the non-implementation of the Wetlands Rules 2010 in Maharashtra. Any land adjoining a water body, which
gives a distinct eco-system, is a wetland—it could be both coastal or inland and include mangroves, marshes, swamps among others. 
    Vanshakti's advocate Gayatri Singh argued that the state has neither identified wetlands in Maharashtra in its brief document nor has it not constituted the Wetlands Authority. Assistant government pleader G W Mattos said he would seek instructions and conceded that "this PIL is in public interest". 
    When Singh informed the court that construction work is being carried out on wetlands, the judges issued directions that no construction or reclamation activ
ity could be permitted by civic bodies without the court's permission. 
    When Thane Municipal Corporation's advocate Narayan Bubna said that this order would come in the way of ensuing public works and other constructions, Justice Kanade retorted, "Are you arguing for the Thane Municipal Corporation or for the developers?" 
    The judges also said that if the state government decides to formulate its own brief document on wetlands, it has to inform the court in how much time it would do so. The urban development department secretary has also been directed to notify this order to all civic bodies.

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