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NAVI MUMBAI: The National Green Tribunal (NGT) has issued a notice to the Maharashtra Industrial Development Corporation (MIDC) in response to an environmentalist's plea to protect a green patch with over 200 trees in Pawane, Navi Mumbai, from commercial development. The area, designated as an open space, risks being compromised due to a proposed hotel project in a chemical zone.MIDC has allocated 300 square meters from the original 3,600-square-meter open space (OS-7) to a project-affected person (PAP) for hotel construction. Environmentalists fear this could lead to the destruction of 200 mature trees.Also Read: NatConnect Moves NGT to Halt Commercial Development on Green Pawane Plot in Navi MumbaiThe NGT’s western zonal bench has asked MIDC to respond to concerns raised by NatConnect Foundation Director B. N. Kumar, who emphasised the importance of preserving green space. While Kumar supports rehabilitation efforts for PAPs, he insists that alternative sites should be considered to prevent the loss of greenery.The application highlighted that the MIDC area is dominated by chemical industries, which require buffer zones with dense foliage to mitigate pollution. These zones are marked as "Open Spaces" in the Development Plan and are protected under Regulation 3.4.3 of the Comprehensive Development Control and Promotion Regulations (CDCPR) 2023.OS-7, maintained since 2001 by the adjoining industrial unit Expanded Polymer Systems Pvt. Ltd., houses over 200 trees, each averaging 15 years of age. Development of the 300-square-meter plot alone would result in the felling of 34 trees to facilitate access to the proposed hotel.According to MIDC’s RTI response, the land was leased in 2000 for ten years to Expanded Incorporation for plantation purposes. However, in 2008, MIDC decided to reclaim the plot for PAP allocation, informing the lessee only in January 2024.Under the CDCPR of 2023, permissible structures in open spaces include pavilions, fitness centers, libraries, and recreational facilities—not commercial establishments like hotels.The NGT bench, comprising Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, observed that the applicant’s concern regarding tree destruction was valid and has scheduled the next hearing for February 10, 2025.NatConnect also cited a precedent where the Bombay High Court overturned CIDCO's plan to repurpose open space for real estate, a decision later upheld by the Supreme Court. The High Court emphasized the government’s responsibility to protect open spaces to uphold citizens' fundamental rights, as guaranteed under Article 21 of the Constitution.Highlighting the ecological importance of the green patch in a chemically polluted area near Pawane village, Kumar warned that allowing commercial development would set a dangerous precedent, potentially wiping out the entire green zone.

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