Pleading to save a designated open space with a green patch of over 200 trees from being permitted for commercial development in a chemical zone at Pawane in Navi Mumbai, an environmental group has moved the National Green Tribunal (NGT).

The Maharashtra Industrial Development Corporation (MIDC) has allotted a part of the plot dominated by big and small trees to a project affected person (PAP) for a hotel, boarding and lodging facility which cannot be allowed in the designated open space, NatConnect Foundation director B N Kumar argued in his application filed with the NGT’s western zonal bench.

Kumar clarified that he has no objection to the MIDC helping any PAP but the green space must be maintained. The PAP could be resettled in any other suitable place, the application said.

The land OS-7, measuring over 3,600 sq mtr was originally leased out for 10 years in 2000 to a chemical company, Expanded Incorporation, for plantation, NatConnect said quoting response received from the MIDC under the RTI Act. The environmental watchdog sought information on the status of the land as some white lines were being drawn and holes dug amid greenery on the plot.

The RTI response also recorded that the MIDC, however, decided in 2008 itself to take back the plot for allotting it to PAPs and accordingly informed Expanded Incorporation of this decision much later, in January 2024.

The tree plantation in Open Space No. 7 had started 23 years ago, in May 2001 and the long-standing decision to maintain a robust belt of trees in the plot is now arbitrarily being illegally reversed, Kumar said in his application.

Kumar submitted that the tree cover and a well-maintained lawn and flowering plants must be retained as the trees play a crucial role in absorbing excessive air pollution in the region and insulates the residential areas located in the area from the health issues and other detrimental consequences arising from the pollution generated from the MIDC industrial area.

The application submitted that the MIDC’s own Comprehensive Development Control & Promotion Regulations (CDCPR) stipulate that those structures meant only for common use such as a gym, yoga pavilion, kindergartens, libraries and/or civic amenities such as water tanks and electric substations may be permitted in open spaces. Thus, commercial structures are clearly prohibited.

Moreover, Kumar pointed out that the Supreme Court held in a recent judgement that open spaces/garden left in an approved layout, cannot be allowed for the purpose of constructions. OS-7 at Pawane is part of an MIDC approved layout.

In another case, the Bombay High Court set aside the CIDCO’s plan to allot an open space, meant for a sports complex, for real estate. The Supreme Court subsequently upheld the verdict.

Stating that the open spaces are essential to uphold the fundamental rights of the people, the High Court had observed that there would be a gross failure on the part of the government and other public bodies if such vital issues are overlooked and/or intentionally sought to be buried in creating urban jungles.

“If 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 recognizes an overall development of an individual, which is part of 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 Court,” the HC said.

NatConnect, therefore, stressed the importance of maintaining green lungs in the chemically polluted area which is in close proximity to Pawane village.

Commercial 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 OS-7 is permitted, Kumar said and expressed the fear that the entire green patch would be wiped out.