Ashok Goyal vs State Of Maharashtra

A report was sought from the Maharashtra Coastal Zone Management Authority (MCZMA) and Maharashtra State Pollution Control Board (MSPCB) with reference to the allegation of unauthorised construction in village Malvani and Daravali at Malad (W) Mumbai.

Accordingly, report has been filed on 30.09.2019 by the State PCB to the effect that site visit was conducted in the area where construction of wall along the mangroves was found.

The observations during the site visit mentioned in the report are as follow:-

"At area Daravali, the inspection team travelled through Madh-Daravali village road. The inspection team observed that along the both side of Daravali road, dense mangrove vegetation is present. The said stretch also has certain intertidal areas, which is CRZ I area, as per approval Coastal Zone Management Plan of the Greater Mumbai. The team observed the ongoing construction of the wall on northern side of the road along the mangroves, which is in village, Malvani. On inquiry with the Mangrove cell officials telephonically, it got clear that the said construction of the wall is being constructed by the Mangrove Cell, Forest Department for protection of the mangrove vegetation. There are fish dying yards of local people at certain locations situated at CRZ II area. The team further observed that scrap/garbage Depot are present in at the intersection of CRZ I & CRZ II areas, which prima facie appears to be unauthorised. Revenue officials informed that said depot is in survey no. 40, village Daravali. Being unauthorised, anti encroachment cell of the District Collector Officer should take action of removing the said scrap/garbage depot.

At Malvani village, the inspection team travelled through main Madh-Marve Road and entered the internal road Dr. Babasaheb Ambedkar Road at Ambojwadi, Malvani. The said location was guided by the representative of Mr. Ashok Goyal. Revenue Officials informed that Malvani has survey no. 263. At Ambojwadi area, Malvani along east side of internal Babasaheb Ambedkar Road, dense mangrove vegetation is seen by the inspection team. Ongoing construction of wall for protection of mangrove vegetation by Mangrove Cell, Forest Department is observed. On west side of said the internal road, slum structures are observed. Ambojwadi slum structures on west side are situated partly in CRZ II area as per approved CZMP of Greater Mumbai. Prima facie it observed that certain slum structures area old. However, it appears that there is probability of spread of slum structures on south side towards village Daravali which is in CRZ I area. Anti encroachment cell/division of the District Collector officer need to take appropriate measures/action so as to stop encroachment of the slum structures."

The above report also shows that there was unauthorized scrap/garbage for which a letter was addressed by MCZMA on 26.09.2019 to the District Collector, Mumbai Suburban Bandra (E), Mumbai, under Section 5 of the Environment (Protection) Act, 1986, directing as follows:-

(i) Remove the unauthorised scrap/garbage Deport are present in at the intersection of CRZ I & CRZ II areas at Village Daravai, after due verification.

(ii) Appropriate measures/action should be taken so as to stop encroachment of the slum structures at Ambojwadi area, Malvani.

In view of the above let further action be taken, in accordance with law. The application is disposed of.