Navi Mumbai: Centre Directs State to Prioritize Lotus Lake Burial Case: MOEFCC Orders Swift Action

Even as CIDCO has maintained that the controversial Lotus Lake in Nerul, Navi Mumbai, is not a wetland, the Centre has directed the Maharashtra State Wetland Authority (SWA) to address, "on a priority basis," the complaints from environmental groups regarding the partial burial of the verified wetland. In response to a second grievance filed by the NatConnect Foundation through the PMO Public Grievance website against CIDCO's denial of the wetland status for the three-hectare lake, the Ministry of Environment, Forest and Climate Change (MOEFCC) instructed the Member Secretary of the State Wetland Authority to address the issue and provide a report. The action taken report is to be directly sent to the applicant, with a copy to the MOEFCC, according to a letter signed by Scientist Pankaj Verma.

Verma specifically commended NatConnect director B.N. Kumar for his "interest in the conservation of wetlands." The MOEFCC had earlier "taken up" Kumar's complaint, which was filed through the PMO Public Grievance website. In the complaint, Kumar stated that CIDCO had authorized TIPL, owned by an influential political family, to fill Lotus Lake with debris from land-levelling activities for the Navi Mumbai International Airport (NMIA). Part of the lake had already been filled with several dumper loads of soil and debris. It is important to note that the Wetlands (Conservation and Management) Rules, 2017 restrict activities such as solid waste dumping and the discharge of untreated wastes and effluents from industries, cities, towns, villages, and other human settlements. Kumar referenced these rules in his complaint to the SWA. Additionally, Verma attached a copy of the Gazette Extraordinary detailing these rules in his letter to the SWA.

Kumar emphasized the wetland status of Lotus Lake, pointing to a study by the National Centre for Sustainable Coastal Management (NCSCM), commissioned by the State Environment Department, which inspected Lotus Lake and 563 other wetlands across the state. In his previous complaint, Kumar had pointed out that "Lotus Lake is listed on page 9 of the NCSCM report." The MOEFCC had instructed the state environment department to take action, which subsequently led to reports being requested from CIDCO and the Thane district collector regarding the lake's status. In its reply, CIDCO accused Kumar of misleading the MOEFCC and the state government, referring to the lake as "residential plot-2" in Sector-27, Nerul. CIDCO claimed it had checked with the Maharashtra Remote Sensing Application Centre (MRSAC) on the plot. MRSAC reportedly stated that the area does not fall under "mangroves or mudflats," as it had conducted mapping for the Maharashtra Coastal Zone Management Authority (MCZMA).

However, Kumar pointed out that the MRSAC correspondence made no mention of the wetland status of either Plot-2 or Lotus Lake. He also clarified that environmentalists had never claimed Lotus Lake to be a mangrove zone and urged CIDCO to stop confusing wetlands with mangrove zones. CIDCO further claimed that the area was originally allotted to the erstwhile Indian Airlines in 1984-85. CIDCO also stated that part of the area was illegally used for brick kilns, resulting in the creation of an artificial pond. The city planner also referred to land records of the area and compensation paid to the original titleholder under the revenue extract, commonly known as the 7/12 extract. Kumar drew attention to the fact that the Union Ministry had previously clarified to NatConnect, in a separate case concerning NRI wetlands, that CIDCO is not the correct authority to certify wetlands.

Yet, CIDCO continued to deny the wetland status, even though the state environment department had inspected the area and the official list clearly identified Lotus Lake as a wetland, including its latitude and longitude coordinates. Kumar expressed concern, stating, "Our grievance is that valuable wetlands will be lost if even government agencies like CIDCO are allowed to fill them for real estate development." He warned that this would not be in the best interest of the cities, citing the "devastating effects of wetland destruction" seen in cities like Chennai, which frequently face floods. Kumar called for the MOEFCC's intervention to prevent the destruction of Navi Mumbai's wetlands. In its most recent communication to the State Wetland Authority, the MOEFCC included details of Kumar’s fresh complaint. According to the Wetlands Rules, the jurisdiction for addressing this public grievance falls under the state authorities. Verma, in his letter, transferred Kumar's grievance to the SWA "for necessary action to address the grievance put forth by the complainant on a priority basis."