Mumbai News: NGT Orders Demolition Of Illegal Promenade At Aksa Beach; Maharashtra Maritime Board Pulled Up For CRZ Violation

Mumbai: The National Green Tribunal (NGT), Western Zone Bench, has ordered the removal of a promenade constructed by the Maharashtra Maritime Board (MMB) on Aksa Beach, Mumbai.

Applicants Challenge Aksa Beach Project

The applicants, Zoru Bhathena and Banda Nagraj Kumar, in their application had contended that the "Sea front development and beautification" project at Aksa Beach was an illegal construction, violating Coastal Regulation Zone (CRZ) rules.

They claimed the MMB initially proposed a "beautification" project, then rebranded it as an "anti-sea erosion" measure to obtain a CRZ clearance from the State Environmental Impact Assessment Authority (SEIAA).

Arguments Against the Construction

The applicants' legal counsel argued that the construction of a promenade and sea-wall was antithetical to beach preservation and would cause further erosion. They also highlighted that the MMB had allegedly constructed the project on the sandy beach in a CRZ-I area, which is a prohibited activity.

Applicants Highlight Threat to Natural Barrier

“The entire beach falls within the category of CRZ- I area under the CRZ Notification, 2011. The presence of the beach serves a crucial purpose of acting as a natural barrier protecting the region from flooding during monsoon months. The waterfront has the base of the Indian navy- INS Hamla on one end, and a small beach- Dana Paani on the other. In the month of July 2022, the Maharashtra Maritime Board(MMB) had deployed a team of JCB machines to excavate the sand, level the beach and concretize a wide span of the Aksa Beach evidently to construct a concrete road or promenade spanning approximately 4 m in width and 600 m in length. The road is bordered on the seaward side by a cement wall, which is further bordered by boulders, which allegedly constitutes a "gabion wall". The petitioners were shocked to see such construction work directly on the beach, merely a few feet away from the Arabian Sea. The sea-wall and its adjoining road divide the beach into two, as it is being constructed right in the middle of the beach. A portion of the beach falling toward the landward side of the road will be completely eroded if the wall is permitted to exist, as the wall and the road will disallow natural deposition of sediments/sand on the other side of the wall/road,” the applicant’s ’copy reads.

MMB Defends Project as Anti-Sea Erosion Measure

In its defense, the MMB maintained that the project was a permissible activity under the CRZ Notification of 2011 and 2019, as it was a necessary anti-sea erosion measure. The board presented reports from the Central Water and Power Research Station (CWPRS) and the Indian Institute of Technology (IIT), Bombay, which stated that Aksa Beach is an eroding site and the anti-sea erosion bund was required to protect existing infrastructure like electric poles.

NGT Partially Upholds, Orders Demolition of Promenade

After hearing both sides, the NGT concluded that while the anti-sea erosion bund was a permissible activity and was "rightly built", the promenade was not. The judgment found that the promenade was "never part of approvals" and represented an "over-stretching the permission" by the MMB.

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Tribunal Directs Two-Month Removal Deadline

“Promenade is certainly over-stretching the permission by MMB. We are of the view that the said anti- sea erosion bund of the project is rightly built at the site in question, however, the promenade was never part of approvals. Therefore, the said promenade shall be removed within two months from the date of uploading of this Judgment,” the order reads.

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