SEZ before ecology!

MiD DAY investigations reveal that a loophole in the law which gives preference to special economic zones over environmental laws has allowed commercial hub in Mulund

SEZ before ecology!

MiD DAY investigations reveal that a loophole in the law which gives preference to special economic zones over environmental laws has allowed commercial hub in Mulund

A week after MiD DAY broke the story about the vanishing wetlands of Mulund and Thane, it has come to light that loopholes and provisions under the Special Economic Zone and Coastal Regulation Zone laws are responsible for the destruction of up to 150 acres of natural habitat to make way for the Rs-3,000 crore commercial-cum-residential complex, coming up near the Mulund dumping ground.

The area which has been earmarked for development is adjacent to the Thane creek which feeds the mangroves. The debris being downloaded in the wetland

Accompanied by Tanaji Patil, ranger officer of Thane Forest Department (Vigilance), MiD DAY visited the site of the SEZ coming up on the wetland.

The developers, Akruti City, claimed to have all the requisite permissions for the project.

Prepare for floods?
"Though saving natural habitats is a global issue, in this case, the SEZ rules supersede all other laws in the country.

What we are creating is like a foreign country within India," Ajay Pawar, the project head for the construction, said.

His implication that an SEZ can override CRZ and other environmental regulations has unfavourable implications for the ecology, experts believe (see box).

The construction material used in the project, tonnes of cement and steel, are poor absorbents of water, thereby exposing the city to being flooded with seawater during high tides.
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"It's a huge project. Five to six crore tonnes of cement would be used along with humongous quantities of raw material like steel," said Pawar, not saying if the material can withstand high tides.

On being asked about flash floods in the absence of the wetland, Pawar claimed that the government has asked for a 50-metre wide gap, in the form of a moat surrounding the construction site, between the project and the mangrove cover.

But seawater filling an area of 140 acres can hardly be contained by a 50-m wide trench, experts say.

Ranger Patil, who had accompanied team MiD DAY, said that he was not comfortable with the project disturbing the ecology. But since it claimed to have the requisite permissions from authorities, he would have to verify the fact again.

Whose responsible?
Establishing accountability seems to be difficult. Officials from the Centre and state authorities were ambiguous and passed the buck when questioned about the sanctions given to the project.

Pawar said, "This land, a salt pan owned by Mundra Salt and Industries, was sold to us eight years back.

The state government forwarded their approval for the SEZ to the central government, who accepted the same, and gave us the nod to carry on with our work, which has to be completed by 2012."

So both Centre and state officials are responsible? But getting a conclusive answer from either party was difficult.

TC Benjamin, principal secretary, Urban Development Department, said that the Environment Ministry is responsible for allowing the project on the wetland.

But Dr Nalini Bhatt, advisor to the Union Ministry of Environment and Forests, said she would not like to comment, as the case had legal implications and should be discussed in a court of law.

Meanwhile, Konkan Divisional Commissioner SS Sandhu did not answer MiD DAY's calls.

Others pointed fingers at civic bodies. AM Khan, principal secretary, Industries, Government of Maharashtra, put the onus on the BMC and the TMC for giving the clearance.
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"Our agency only gives permissions for setting up a project after clearance from municipal authorities, who verify if the environmental clearance for a project has been sought," he said.

And municipal authorities kicked the blame to and fro between themselves.

Najib Mulla, leader of opposition in Thane Municipal Corporation, who visited the site on Monday after reading about the mangroves in MiD DAY, said that he had been misguided to believe that all permissions had been given by the BMC.

On being informed that TMC had also allegedly played a role in giving permissions, he said that he would raise the issue of permissions granted to develop a wetland, protected by law.

"On my visit, I could see truckloads of debris choking the wetland. I was told by officials of the construction company that the BMC had given all permissions.
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As the land is out of my jurisdiction, I did not take any action. Now that a MiD DAY report has revealed that nearly 45 per cent of the wetland comes under TMC, I will ensure that those responsible are questioned," he said.

Expertspeak
Activist and architect Chandershekhar, who fought and won a similar case against an SEZ in Gorai, 40 per cent of which is covered with mangroves, opined that as per law, SEZ supersedes all sate and central laws.
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"This was primarily done to promote commerce by giving exemption for sales and excise tax.

Unfortunately, it also covers the environmental law which protects the mangroves, salt pans and mud flats, which act as holding ponds for high tide and excessive rains, absorbing the excess water and thus avoiding floods," he said.

Chandershekher added that once destroyed, these natural habitats would no longer be able to prevent floods. "These wetlands not only ward off floods, but are also vital breeding grounds for marine life."