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1. According to the applicant, the wetland in question is bordered by mangroves on the west and the east and also has mangroves inside the wetland at some locations. It is intertidal wetland formed naturally in abandoned saltpans. Due to its geographical location, it was earmarked by the planning authorities as a flood control zone since the regular tidal influence made it easy to soak and drain the water from the nearby areas. It finds mention in the report titled 'Coastal Wetlands and Waterbirds of Navi Mumbai: Current Status' which notes 31 migratory species, 6 near threatened species, 1 vulnerable species and 5 Schedule I species of birds under the Wildlife Protection Act, 1972. Further, it notes that Panje wetland is the largest migratory waterbird congregation site in Navi Mumbai and one of the best birding sites in Maharashtra. It is further stated that in September, 2018 sluice gates feeding tidal water to the Panje wetland were blocked which resulted in the draining out and resultantly drying out of the Panje wetland. After numerous representations made by the Appellant herein and several others, these blockages from the sluice gates were removed and the flow of water to the wetland was restored. BNHS addressed a letter dated 4th December, 2018 to the erstwhile Chief Minister highlighting their concerns with regard to the conservation of the ecologically significant Panje wetland and setting out certain measures that it believed are needed to be taken for its protection.

2. In November 2020, Respondent No. 1, CIDCO blocked 5 culverts which led to State Environment Department writing letter dated 11.11.2020, directing as follows:

"4. In order to protect the mangroves and water body at village Panje, you are hereby directed to initiate action with immediate effect as under:
a) Restore the free flow of tidal water by opening the sluice gates and removal of the blockages so that free flow of tidal water reaches to mangroves and water body at village Panje.
b) Remove the illegally security cabins erected in CRZ area immediately.
c) Stop the work of filling of low lying area in the said site."

The order also refers to order of the Bombay High Court in PIL No. 87/2016, Vithal Pandurang Barge v.

State of Maharashtra and Ors.

3. Grievance of the applicant is that in spite of above direction, the free flow of tidal water by opening the sluice gates and removing blockage has not been restored nor illegally setup security cabins removed from the CRZ area. Filling of low-lying area is continuing which will damage the wetland in violation of the Wetland (Conservation and Management) Rules, 2017 and CRZ Notification, 2011.

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a) Restore the free flow of tidal water by opening the sluice gates and removal of the blockages so that free flow of tidal water reaches to mangroves and water body at village Panje.
b) Remove the illegal security cabins erected in CRZ area immediately.
c) Stop the work of filling of low lying area in the said site. Actions taken in this regard are as under :
Point (a) -CIDCO opened up the sluice gates of holding pond on 18.11.2020 for free flow of tidal water. It is therefore clear that, the 70 sluice (Flap) gates are opened up as per the directions.