allow sea water to come in so as to save
the mangrove forest. Further direction has been sought against the
appellants to remove the debris ... from indulging in any activity which may result
in the destruction of mangrove forest henceforth.
Cont. Pet. No. 169 of 2010
3. This contempt petition
pollution control series COPOCS/1/1982"
recommended as under:-
"- the mangrove forest at
Pichavaram, the bird sanctuary and
forest areas at Point Calimere ... protection of the
ecologically fragile areas in the following terms:-
"The mangrove forest and the
wildlife sanctuary in Coringa
Island, the Pulicat lake
WHICH JUDGMENT IS PRONOUNCED : 17.09.2018
JUDGMENT : (PER A.S. OKA, J.)
MANGROVES
1 This Public Interest Litigation (PIL) concerns the issue of
destruction of mangroves ... entire State of Maharashtra. The word
"Mangrove" is considered to be a combination of the Portuguese word
"Mangue" and the English
Save Mangroves And Nvai Mumbai ... vs The Secretary, Govt. Of India, Ministry ... on 21 November, 2018
Author: M.S.Karnik
Bench: Naresh H. Patil ... BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 98 OF 2014
Save Mangroves and Navi Mumbai
Existence (SAMNE) .. Petitioner
Vs.
Union of India
Coastal
Regulation Zone (CRZ) area and the area affected by the mangroves,
whilst granting liberty to replace the same with live/barbed wire fencing
with ... extends into the area
classified as CRZ and the area affected by mangroves at the said site.
8. Mr. S.U. Kamdar, the learned Senior
STATE OF MAHARASHTRA )
)
2 MAHARASHTRA COASTAL ZONE )
MANAGEMENT AUTHORITY )
)
3 THE MANGROVE CELL )
)
4 THE MINISTRY OF ENVIRONMENT)
FOREST AND CLIMATE CHANGE )
)
5 BOMBAY ENVIRONMENTAL ... brevity) has refused to grant permission to the petitioner, to
cut / fell mangroves falling within Coastal Regulation Zone-I
(hereinafter referred
Charitable Societies Registration Act, 1955 . It established
and started operating a Mangrove Theme Park (for short, "the Theme
Park") on the banks ... short, "the Rules"), that for establishment of the
said project, mangrove forest was extensively destroyed and that the
project even encroached into
canal was illegal. Due to the filling of
water body where mangroves were situated which was treated as CRZ - I
area under the CRZ Notification ... reduction in growth of marine vegetation has happened, no mangroves
have been affected. They are taking all necessary precautions to avoid
any damage being caused
have enhanced capacity as stated
above to handle the cargos. There is Mangrove forest
alongside the coastal wall of the port in question ... expansion and modernization is much in excess and will
adversely affect the Mangrove forest, migratory bird
habitats, and various species of wild fauna
fragile eco-system of the coastal areas putting marine resources, wetlands, mangroves/rain forest, hot spots of rich bio-diversity to see its peril; that ... estuarine area which is more than 100 acres supports luxuriant growth of mangroves and rich fishery zone.
13. The applicant further refers to Environmental Master
