Navi Mumbai: National Green Tribunal issues notice to MIDC over a hotel project

Taking note of an environmentalistrsquos plea to protect a green patch of over 200 trees from commercial development in a chemical zone at Pawane Navi Mumbai the National Green Tribunal NGT has issued a notice to the Maharashtra Industrial Development Corporation MIDCThe MIDC had allotted 300 sq m from the original 3600 sq m of Open Space 7 to a projectaffected person PAP for a hotel project Environmentalists fear that the commercial activity could lead to the felling of 200 mature trees if the project proceedsThe NGTrsquos western zonal bench directed the MIDC to respond to the concerns raised by NatConnect Foundation director B N Kumar ldquoI have no objection to helping PAPs but the green space must be preserved The PAP can be resettled at a different siterdquo Kumar stated in the applicationThe plea highlights that the area is dominated by chemical factories emitting pollutants necessitating green buffer zones as mandated in the regionrsquos Development Plan Regulation 343 of the 2023 Comprehensive Development Control and Promotion Regulations CDCPR strictly restricts construction in such open spaces Kumarrsquos counsel Ronita Bhattacharya arguedOpen Space 7 has been maintained since 2001 by Expanded Polymer Systems Pvt Ltd which planted and cared for over 200 trees Developing the 300 sq m plot for the PAP would require the felling of 34 trees just to provide access for customers to the proposed hotelRecords accessed under the RTI Act reveal that the land originally leased in 2000 for afforestation was taken back by the MIDC in 2008 for PAP allocation though the decision was communicated to the company only in January 2024According to the CDCPR permissible activities in open spaces include recreational facilities like pavilions gymnasiums libraries and yoga centresmdashnot hotels or restaurantsThe tribunal bench comprising Justice Dinesh Kumar Singh and Dr Vijay Kulkarni noted ldquoIt appears the applicant fears that allowing construction of a otelrestaurant in the area reserved for open space would lead to the destruction of a large number of treesrdquoThe next hearing is scheduled for February 10 2025NatConnect also pointed out a precedent where the Bombay High Court overturned CIDCOrsquos decision to use open space for real estate The Supreme Court upheld the ruling emphasising the importance of preserving open spaces for public welfare and the fundamental rights of citizensldquoIf we do not have a foresight concern and care for the future rights of the citizens and from all possible perspectives we are abdicating the Constitutional principles which recognise an overall development of an individual which is part of the right to livelihood as guaranteed under Article 21 of the Constitution and as interpreted in its various dimensions in catena of judgments of the Supreme Courtrdquo the HC saidCommercial development on the 300 sq mtr plot allotted to the PAP would result in destruction of 34 trees But a much more serious problem would arise if this precedent is set change of use on OS7 is permitted Kumar said and expressed the fear that the entire green patch would be wiped out300 sq mThe area allotted for PAP