The Pune-based National Green Tribunal (NGT-West Zone) has issued notices to the Centre and Maharashtra Government and their various agencies seeking clarifications on the environmental clearance (EC) and coastal regulation zone (CRZ) clearances given to the ambitious plan to build a grand memorial for Chhatrapati Shivaji Maharaj in the Arabian Sea off Mumbai coast, on or before September 30.
The NGT on Wednesday issued notices among others to the Ministry of Environment and Forest (MoEF), Maharashtra Government, the Maharashtra Coastal Zone Management Authority (MCZMA) and National Environmental Research Institute (NEERI), while hearing an environmental interest litigation (EIl) filed by Damodar Tandel, president of Akhil Maharashtra Machhimar Kriti Samiti (AMMKS), the apex body of fishermen and Pradip Patade, marine conversationalist.
The NGT’s West Zone Bench — comprising Justice Dr Jawad Rahim and Dr Ajay Deshpande — also directed the Centre, Maharashtra Government various environmental agencies to file their say and remain at the next hearing of the tribunal to be held on September 30.
The two other agencies that were issued notices by the NGT were the Mumbai Port Trust’s Marine Department and Maharashtra State Biodiversity Board.
In their EIl, the petitioners have challenged the ‘’undue’’ process of acquiring the Environmental and CRZ clearances for the proposed Chhatrapati Shivaji Memorial
The petitioners have said that the Maharashtra Government had gone ahead with the Shivaji Memorial project, with considering complaints from various quarters. “The public hearings were not held. The Maharashtra Government committee several illegalities and irregularities while going ahead with the project,” the petitioners contended.
Similarly, the petitioners said that the Centre had granted environmental and CRZ clearances without properly examining the environmental problems and threats.
“First thing that needs to be considered is that the routes of ferry boats from Nariman Point and Gateway of India to the proposed Shivaji memorial will be through the fishing areas. The routes would interfere in our fishing activities and affect our livelihood,” Tandel said.
Senior lawyer Asim Sarode, who is representing the petitioners, said, “The main issue that we have raised as to why the State Government desisted from holding public hearings on complaints received against the Shivaji memorial project. The lack of public hearing shows manipulations made in acquiring EC and CRZ clearances as well as getting No Objection Certificates from various Government or Government supported agencies.”
Taking serious exception to the Maharashtra Government’s contention that it was “for waiving of Public Hearing in view of the larger public interest importance and National Monumental importance,”’ Sarode said that there could not be any public interest in the said monumental symbolic work of the Government.
“Thoughts of Chatrapati Shivaji Maharaj are of public interest and of national importance but the Maratha warrior’s statue does not have public interest. Taking the ruse of the matter is national importance and waiving public hearings is illegal,” Sarode said.
“The proposed project is on the rocky outcrop, and it is proposed to raise the ground level of the rocky outcrop to 8 m above mean sea level. Once the project is executed, an area of 1,59,600 meters squared will be exposed even during the high tide. This will block the flow of water during high tide, and hence can change the waves, currents, and shoreline,” the petitioners stated in their EIl.The impact on the fishermen community by construction of this statue is going to be huge. The project site falls in Mumbai Fishing Zone of Mumbai district,” the petitioners said.
Among other things, the petitioners have urged the NGT that the Environment and CRZ clearances granted to the controversial project on February 25, 2015 be kept in abeyance, that all records relating to the clearances be placed before the Environmental Assessment Committee (EAC) for fresh consideration of the matter and that an interim stay be granted restraining the respondents from carrying any further construction along with equestrian statue of Chhatrapati Shivaji Maharaj in Arabian Sea off Mumbai coast.