162 /06

Killing mangroves by blocking sea water - 2001

Rejuvenated mangroves after digging trenches -2011 Saving Mangroves of S. No.161 Versova, 2001-2010 compiled by Rajesh Vora Independent Photographer/ Executive Trustee, SAVE Forum

2001April 30 2001 SAVE Forum writes to Collector, Mumbai Suburban, about the systematic dumping of debris in S. No.161, Versova to kill the mangroves and suggests a plan to protect and rejuvenate the mangroves.

May 28 2001 Based on Forum’s suggestions, Collector, Mumbai Suburban, gives permission to build 3 chowkies and put up warning boards along the mangroves stating that “It is an offence to dump debris in the mangroves and it should be protected”. Cost to be born by SAVE Forum.

06 / 163 SAVE Forum puts up 6 warning boards at strategic places along the mangroves and gets sponsors to build 3 chowkies which will be used as a police beat and have 24-hours security guard. We start building the first chowky on 25 June 2001. 164 /06 June 26 2001 By a Fax order, Collector, Mumbai Suburban, revokes the permission to build chowkies and demolishes the partially built chowky stating that the land having mangroves have already been granted to various Co-operative Housing Societies and in view of this, the land in question with mangroves cannot be said to be Government land.

June 30 2001 Stunned by the action, SAVE Forum writes to Collector, Mumbai Suburban, asking him to act on the orders passed by the Bombay H.C. in the W.P. 1692 of 1996 filed by Society for Clean Environment in Bombay High Court about protecting mangroves and CRZ violations. We further ask him about the allotment done in the mangroves violating CRZ notification and demand the list of Co-operative Housing Societies which has been granted permission to construct buildings.

July 9 2001 Took a delegation and met Mr.T. R. Balu, Minister, MoEF, Govt. of India while he was addressing a meeting at Powai Lake, Mumbai and made a visual presentation about the rampant violation of CRZ and destruction of mangroves in S. No. 161 Versova.

July 31 2001 Receive a list from Collector’s office of 47 Co-operative Housing Societies allotted plots in S. No. 161, Versova towards the seaward side of High Tide Line ( HTL) right in the mangroves and that too after the CRZ notification of 16th Feb 1991.

This was shocking. SAVE Forum immediately wrote protest letters highlighting misdeeds of the Maharashtra Govt. to State and Central Ministries and concerned departments. Continued catching trucks dumping debris in the mangroves and made sure First Investigation Report (FIR) were filed by the Tehsildar, technical owner of the Mangroves land. 06 / 165 166 /06

Invited media persons to visit S. No. 161 and highlighted the need to create awareness to save mangroves. Wrote to National Institute of Oceanography, Mangroves Society of India, Central Institute of Fisheries, Chief Forest Officer, Chief Hydrographer about the destruction of mangroves and got positive support in writing from many organisation about the urgency to save the mangroves confirming our beliefs.

July 20 2001 Compiling all the above coverage/correspondences and evidences in terms of photographs, Forum members met the Minister of MoEF, Govt. of India in New Delhi. OUR LAST HOPE!

Decay and destruction of mangroves -2001

Lush green mangroves after protection and rejuvenation

August 17 2001 Received a Fax from MoEF about the Expert Committee’s visit to S. No.161 Versova to inspect the destruction of mangroves, violation of CRZ and requesting SAVE Forum to explain its case. A boost in our cause. Debris and dead mangroves - 2001 Mangroves after digging trenches and protection -2011

Debris dumped to kill mangroves - 2001 Trenches dug for free flow of high tide sea water - 2001 Healthy Mangroves -2011 06 / 167 168 /06 August 27 2001 Expert Committee from MoEF, Govt of India comprising of 4 members from National Coastal Zone Authority, Law Officer, Maharashtra Pollution Board, Indian Space Research Organisation and Ministry of Environment & Forests, Govt. of India visit the site and SAVE Forum along with invitees from National Institute of Oceanography, Central Institute of Fisheries, Mangroves Society of India and Godrej Mangrove Park, make a detailed presentation and take them around the disputed site.

Destroyed mangroves patch after spraying chemicals and cutting them - 2001

Rejuvenated mangroves after protection and plantation - 2008

August 28 2001 SAVE Forum writes to MoEF, Govt of India summing up the Expert Committee’s visit and puts all the misdeeds of the State Govt. on record with evidences.

October 2 2001, GANDHI JAYANTI Based on the Expert Committees visit, SAVE Forums investigations, evidences and support from concerned individuals, agencies and organisation MoEF, Govt. of India gives a directive concerning S. No.161 Versova to Dept. of Urban Development Govt. of Maharashtra stating that:

• No construction activity to be allowed towards seaward side of HTL • No dumping of debris, solid waste allowed in mangroves • Make trenches allowing flow of sea water to rejuvenate the mangroves • Remove all the construction debris. 06 / 169 170 /06

November 7 2001 MoEF, Govt of India gives the same directives to the Dept. of Rev. & Forests Govt. of Maharashtra as it is their responsibilities and not of Dept. of Urban Development.

2002

January 4 2002 Dy. Ch. Eng. Bldg. Proposals, Western Suburbs, Municipal Corporation of Greater Mumbai (MCGM) puts on record stating that his Office has not approved any proposal on the land falling under seaward side of HTL in S. No.161 Versova and Collector Mumbai Suburban, has allotted all the land hence withdrawal of the allotted land is in his purview.

As in most of such cases in India very quickly Blame Game and Passing the Buck begins within various State and Civic Departments.

SAVE Forum continues its follow up, reminders and gather further evidences to strengthen the cause. 06 / 171 172 /06

March 7 2002 With no positive response from Govt. of Maharashtra in carrying out the MoEF, Govt of India’s directives SAVE Forum files WP No. 1126 of 2002 in Bombay High Court asking the State to carry out the directive.

April 22 2002 Bombay High Court asks Govt. of Maharashtra to file affidavit explaining why the MoEF, Govt of India’s, order was not carried out.

June 10 2002 Principal Sec. Rev. & Forests, Govt. of Maharashtra files an affidavit, ambiguously making tall claims about what all he and various Departments are doing to save the mangroves and further stating that no construction will be allowed but no word of removing debris or cancellation of allotted plots in the mangroves.

July 30 2002 SAVE Forum files an affidavit in reply, putting into proper perspective all the matter not agreeable in the Principal Sec. Rev. & Forests, Govt. of Maharashtra’s affidavit.

August 14 2002 Bombay High Court orders to set up 2 committees of various concerned agencies including SAVE Forum members to oversee the work of protection and rejuvenation of mangroves in S. No.161

06 / 173 as per the MoEF, Govt of India, directives and report to High Court accordingly. And also asks MoEF to file their affidavit. 174 /06

2003

February 2 2003 MoEF, Govt of India, files an affidavit saying that not much progress has been made as per their directives, and mangroves are still being cut, debris still being dumped and no effort done to remove the debris.

February 3 2003 Pravin Chaudhary, Member of the High Court appointed committee files an affidavit raising doubts about the efforts of Govt. of Maharashtra to save the mangroves sitting (FIR) of fresh dumping and destructions in the mangroves in S.No.161 Versova.

March 19 2003 Bombay High Court based on the above affidavits and not happy with the progress asks Chief Sec. Govt. of Maharashtra and MCGM to file affidavits.

Meantime MCGM puts up HTL demarcation boards, warning boards about preserving the mangroves and barricades on all approach roads in S. No.161 so that trucks cannot enter to dump debris in the mangroves.

April 21 2003 Chief Sec. Govt. of Maharashtra files an affidavit saying that they will carry out the MoEF, Govt of India, directives and funds will not be a constrain. He further asks MCGM to prepare a detail Project Report of removing debris and rejuvenating mangroves of S. No.161 Versova. 06 / 175 176 /06

April 25 2003 MCGM files an affidavit stating the steps taken by them to protect the mangroves and willing to carry out the project with funds promised by the Govt. of Maharashtra.

May 21 2003 MCGM prepare Project Report of Rejuvenating Mangroves of S. No.161 Versova.

July 9 2003 Addl. Dir. MoEF, Govt of India, visits S. No.161 to see the feasibility of implementing MCGM’s Project Report of Rejuvenating Mangroves.

August 30 2003 Addl. Dir. MoEF, Govt of India, files an affidavit stating that he has observed some irregularities in MCGM’s proposal in creating bund from the excavated debris along the HTL and it should be followed strictly leaving no gaps near Khorakiwala Foundation’ allotted plot. He would also consider using the existing debris to be excavated and used along the HTL to create a protective wall by constructing a concrete wall maintaining slope along the seaward side in S. No.161 Versova.

September 20 2003 Addl. Dir. MoEF, Govt of India, and members of the Bombay High Court appointed committees visit various sites around Mumbai for dumping the excavated debris of S. No.161 Versova.

September 23 2003 Under Sec. Rev. & Forests files an affidavit stating that as directed by Addl. Dir. MoEF, Govt of India, in his affidavit Khorakiwala Foundation plot for a hospital should be excluded in the MCGM Mangrove Rejuvenation Report as the plot reserved for Maternity & Dispensary measuring 6928 sq. mts. was granted by the Maharashtra Govt. on lease for 30 years in 1991 when CRZ was not in force.

8 Oct 2003 Addl. Dir. MoEF, Govt of India, files an affidavit based on earlier joint site visit on 20 Sept 2003 to identify the dumping site in Mumbai to dump the excavated debris of S. No.161 Versova. According to him no sites were found suitable since they all fall under CRZ-I.

October 8 2003 Ch. Sec. Govt. of Maharashtra files an affidavit pressing upon reasons to exclude Khorakiwala Foundation plot from the Rejuvenation Project. He further adds that as per all the previous report it would not be possible to remove the debris and he would require 18 months excluding the monsoon period to carry out the Project as per MoEF, Govt of India’s guidance and funds would not be a problem and asks the Bombay High Court to give necessary directions to MCGM accordingly.

November 18 2003 Twist in the story….Vishwanath Co-operative Housing Society and 2 others files Chamber Summons in WP 1126 of 2002 stating that they have been allotted land in S. No.161 Versova on 26 June 1995 and feels they have been discriminated while others allowed to construct buildings on the same mangroves and also points out about the irregularities in drawing the HTL. They wanted to become interveners in SAVE Forum’s WP.

November 19 2003 MCGM prepares Project Report as per the guidance of MoEF, Govt of India, and the project cost comes to Rs.7.40 Crores.

December 6 2003 Sagar Pratibha Co-operative Housing Society and 3 others alloted land

06 / 177 in S. No.161 Versova also files Chamber Summons in WP 1126 of 2002 and their pleas were same as earlier Chamber Summons. 178 /06

2004

January 27 2004 Urban Development Dept., Govt. of Maharashtra passes a GR sanctioning Rs.7.40 Crores as per the MCGM’s Project Report to Rejuvenate the Mangroves of S. No.161 Versova and releases Rs.1.28 Crores to the Collector to be handed over to MCGM as a first installment.

February 5 2004 In the Bombay High Court the hearing on WP is dismissed as it should not be heard before a bench of which one of the Hon. Judge is a party (The Judge had been allotted flat violating CRZ norms. This happens again in future).

February 15 2004 Dy. Chief Engineer, Planning and Design, Suburbs, MCGM requests Maharashtra Govt. to deposit the amount of Rs.7.40 Crores so that they can carry out the work.

April 13 2004 MCGM appoints VJTI, Mumbai as consultants to prepare a feasibility report at the cost of Rs.49,000. 06 / 179 180 /06

June 26 2004 Media is rife with reports about relaxing and scraping CRZ. Again SAVE FORUM lodges its protest and opposition vehemently by writing to PM, MoEF, Govt of India, about such fears and its implications on the mangroves.

We continue the same effort by writing to Chief Minister, Govt. of Maharashtra, concerned MPs, MLAs, Corporators stating the above. At the same time with the help of JCB provided by MCGM we continue digging and widening trenches in S. No.161 Versova ensuring that sea water reaches the mangroves and they are rejuvenated.

November 25 2004 SAVE Forum files an affidavit against the Chamber Summons refuting their claims that there were no mangroves on their plot in S. No.161 Versova, at the time of allotment and they were violating CRZ as per present laws. 2005

March 29 2005 After much chasing the amount of Rs.1.28 Crores is transferred to MCGM.

SAVE Forum follows up with MCGM on the Project’s slow Progress, due to various excuses about soil testing, monsoon, change of consultant, etc.

August 27 2005 SAVE Forum writes letters to all the concerned Depts. about the importance of saving mangroves after the heavy flooding in Mumbai due to incessant rains. 06 / 181 182 /06 September 15 2005 Hona Co operative Housing Society who also has been allotted land in S. No.161 Versova intervenes in our WP stating as usual that they have been allotted land while others have already built on S. No.161 Versova. Further stating that they are at a great financial loss and they should be heard before the final judgment.

November 2 2005 After meeting Collector, Mumbai Suburban, on 26 Oct 2005 Forum asks him about the status on the Hearing of the cancellation of allotments of plots towards the seaward side of the HTL at S. No.161 Versova.

November 20 2005 SAVE Forum files affidavit in Bombay High Court stating that Hona Co operative Housing Society’s allotment is after the CRZ notification of 1991 therefore illegal and bad in law and hence has no locus standi to be heard.

November 30 2005 MCGM files an additional affidavit in Bombay High Court about the delay in work.

December 8 2005 Bombay High Court asks MoEF, Govt of India, to clarify their stand on the Khorakiwala Foundation Plot as they would then accordingly instruct MCGM to continue with the project.

2006

January 12 2006 MCGM holds a meeting and asks VJTI to submit a fresh report quantifying the amount of debris to be excavated after it was found that lot of debris might have sunk on its own weight and by erosion during the past monsoons. Reading media report on relaxing/scraping the CRZ in urban areas we again strongly write to all the concerned authorities in State and Centre emphasising the need to save and protect mangroves, highlighting the mischief played by parties with vested interests interests.

March 13 2006 Reminder to Collector, Mumbai Suburban, about the Hearing of the cancellation of “illegal” Co operative Housing Societies allotted in S. No. 161 Versova, about which SAVE Forum had filed an affidavit in Bombay High Court making prima-faciea case of cancellation of their allotments. 06 / 183 March 13 2006 SAVE Forum Under RTI asks MoEF, Govt of India, about the copy of the Expert Committee’s report on the site visit at S No.161 in Aug 27th 2001. 184 /06 March 16 2006 SAVE Forum under RTI asks Min. Of Environment, Govt. of Maharshtra about the HTL demarcation in S. No.161, Versova and any changes made in it if any.

June 22 2006 Dep. Ch. Eng. MCGM files affidavit giving the Tender Procedures and schedule of carrying out the work in S. No.161 Versova starting from Oct 1st 2006.

December 15 2006 SAVE Forum files a Contempt Petition against MCGM for not starting the work as per the direction of the Bombay High Court. Also files an affidavit in Bombay High Court stating that after an unreasonable delay of 5 years and even when money being sanctioned, MCGM concludes that embankment is not in the interest of the preservation of mangroves without fulfilling its responsibility of removing the debris as per the directives. Frustrated with the delays and games being played SAVE Forums states in the affidavit they would agree to MCGM removing all possible debris, removing the bunds obstructing natural flow of sea water, digging trenches with stone pitching wall and erecting a chain link fence 3 meters high along with tree plantation along the HTL in S. No.161 Versova. 2007

February 6 2007 SAVE Forum asks for an explanation from Divisional Comm., Konkan Division as why the Mangroves of S. No.161 falling in Versova creek are not declared under Protected Forests.

February 24 2007 Sends a Petition to MoEF, Govt of India, for issuing necessary directions/ orders for saving mangroves in creek land of S. No.161, Versova in the above scenario (not being declared under Protected Forest).

April 5 2007 On request by SAVE Forum a Status Report on the directives of the HC submitted by members of the High Level and Local Committee about the mangroves in S. No.161 Versova is prepared. The same is send to all the concerned State and Central Depts. hoping that it would speed up the work.

June 19 2007 MoEF, Govt of India, files an affidavit agreeing with the MCGM’s chain link fence idea and creating an uniform bio-shield with suitable plantation along the HTL by the State Forest Dept, maintaining it for next 5 years and funded by the Govt. of Maharashtra. Asks the Govt. of Maharashtra to ensure no further destruction, dumping of solid waste or unrelated sewerage should be let out in S. No. 161, Versova. Member Secretary, MCZM Authority, Govt. of Maharashtra should submit a status report on the above activity quarterly to the Chief Conservator of Forest, and MoEF, Govt of India, Regional office, Bhopal, who will monitor implementation of the above work. 06 / 185 186 /06

2008 NO ACTION … SAVE Forum again sends reminders to Divisional Comm, Konkan Division, Minister of Forest, Govt. of Maharashtra, MCGM but we again get no concrete replies.

Fed up with the red tape and beauracratic hurdles SAVE Forum decides to create awareness about the issue of saving the mangroves to the residents of the area and plans:

• MANGROVE MARCH on 1st Feb 2008 • MANGROVES CLEAN-UP DRIVE on 20th April, 2008 • MANGROVES WALK on May 4th 2008 • MANGROVES ‘CHINDI’ FENCE on June 8th 2008 • SAVE MANGROVES POSTER PROTEST on 5th and 11th July 2008

June 23 2008 Armed with this heart warming response and overwhelming support from hundreds of concerned residents we wrote the final letter to the Chief Sec. Govt. of Maharashtra on June 23rd 2008 giving him 15 days to reply about the steps going to be taken by him with reference to our WP no 1162 of 2002 in the Bombay High Court. Incase there was no action the FORUM threatened to gherao the concerned officers at mantralaya.

Photograph Credits : Swapan Parekh 06 / 187 188 / 06 06 / 189 190 /06

July 5 2008 Comm. Konkan Division, Ministry of Forest, Govt. of Maharashtra issues a Notification declaring part of S. No. 161, Versova as Forest Land having Mangroves.

July 22 2008 SAVE Forum under RTI asks information from Comm. Konkan Division, Ministry of Forest, Govt. of Maharashtra as to why 22 plots in S. No.161 Versova, in Mangrove land is not declared as Forest. And under separate RTI ask the Ministry of Revenue, Govt. of Maharashtra as to why plots in S. No.161 Versova, allotted in Mangroves, classified as CRZ-I by the MoEF, Govt of India, and Bombay High Court are not yet cancelled. Photograph Credits : Swapan Parekh

2009

March 2009 Comm. Konkan Division, Ministry of Forest, Govt. of Maharashtra declares rest of the mangroves in S. No. 161, Versova as Forest Land and put up Notice Boards and demarcations all along the HTL in declaring it as Forest Land having Mangroves and it should not be destroyed.

July 13 2009 With the mangroves of S. No.161 Versova, declared as Forest land SAVE Forum seeks a meeting with Chief Minister asking him to have a joint meeting with all the concerned agencies/departments so that the Directives of MoEF, Govt of India, to protect the mangroves by erecting a chain link fence be immediately started. 06 / 191 No headway yet in erecting the chain link fence to protect the mangroves of S. No.161 Versova. 192 /06

2010 March 9 2010 Rajeev Shukla, MP, Rajya Sabha who resides in Shree Sanman building on the periphery of HTL in S. No 161 Versova floats an idea of beautification of Mangroves land by developing a Joggers Park, Senior Citizen’s Park, Children’s Park from the MPs Fund directed through The Collector, Mumbai Suburban and implemented by MHADA. We politely remind him that the land in question falls under CRZ I, permitting no such development and SAVE Forum is following up the Bombay the High Court’s last order of 30th March 2009 to put up a chain link fence along the HTL as per the directives of the MoEF, Govt. of India.

April 4 2010 MCGM floats a tender notice to provide chain link fence along the HTL in S. No.161 Versova and planting of trees as per the last Bombay High Court Order.

VICTORY : 28 April 2010 Bombay High Court convinced that The S. No. 161 Versova is declared as Forest Land and MCGM has floated a tender notice to implement High Court order as per the MoEF, Govt of India’s, directives the case is disposed. As for the Khorakiwala Foundations Notice of Motion in SAVE Forum’s WP, Bombay High Court on 21st April 2010 disposed of the Motion making their stand clear that they can approach the competent authorities to decide about the CRZ status of the land in question.

May 19 2010 With our experience in protecting and rejuvenating the mangroves we write to Dep. Ch. Eng. Bldg. & Const. Western Suburbs, MCGM, whose Dept. has floated the Tender Notice for erecting chain link fence in S. No.161 Versova, suggesting number of issues to be taken care of before erecting the chain link fence and offering Forum’s help.

September 18 2010 As expected, the political class consisting of Gurudas Kamat (MP), Shri Ashok Jadhav (MLA) and Shri Devendra Ambnerkar (Mun. Coun.) jumped on to the bandwagon and performed “Bhoomi Pujan” for the construction of chain link fence at S.No.161 ,Versova, though in our entire struggle they had never participated or lent any support to our cause.

September 21 2010 Forum writes a strong protest letter to Ch. Sec. Govt. of Maharashtra objecting to these elected representatives misleading the citizens by saying that it was by their effort that the Maharashtra Govt. had released the funds to carry out the work of chain link fence in S. No.161 Versova. We also objected to their announcement that from the total released fund of Rs. 7.40 Crores, balance fund, after erecting the chain link fence will be utilised to provide checkered blocks paving on the internal roads of S. No.161 Versova. We reminded the Ch Sec. that the fund was to be utilised ONLY for the protection and rejuvenation of the mangroves and for the future maintenance and upkeep of the erected chain link fence.

September 29 2010 DMC Zone IV, MCGM invites SAVE Forum Members for a joint meeting to review the progress of the chain link fence eraction at S. No.161 Versova carried out by its Building and Construction ( W.S.) Dept. Various issues were discussed with all the concerned Depts. and it was decided to have monthly meetings alternately in DMC’s Office and at the site to monitor the work. Similar meetings were held in DMC’s Office on 10th Dec 2010 & 28th March and at the site on 3rd Jan 2011, 7th Feb 2011, 7th March 2011 and 10th May 2011 and work was reviewed as it progressed.

07 / 193 Since we wanted to strictly follow the chain link fence erection along the HTL in S. No.161 Versova it was jointly decided to call an independent body like Institute of Remote Sensing, Chennai approved by MoEF, Govt of India, Govt. of India to carry out the work. Representatives of the institute visited the site on and submitted their Report on 23rd March 2011. 194 /07

2011 April 11 2011 SAVE Forum points out to Building and Construction ( W.S.) Dept., MCGM that there is a grave danger that the soil below the chain link fence foundation and between the footings would erode or wash off due to heavy tidal activity in monsoon. And as it was unanimously decided that dry basalt stone pitching on the soil with suitable angle of repose would be best and environmentally suitable solution to prevent soil erosion.

FUTURE COURSE OF ACTION Once the chain link fence, access gates to the mangroves and tree plantation work is completed before the monsoon we will do the final review of the project. Having assured that mangroves are protected and rejuvenating on its own our next task is to propose a Mangrove park within the S. No.161 Versova mangroves which can have restricted entry and used to educate and propagate importance of mangroves along the Mumbai coastline.

Destroyed mangroves patch after spraying chemicals and cutting them - 2001 Rejuvenated mangroves after protection and plantation - 2011 07 / 195

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