Maharashtra Tourism and Environment Minister Aditya Thackeray’s ambitious project to build a 39-kilometre cycle track around the Powai and Vihar Lakes has been met with stiff public resistance. The track runs from Mulund to Wadala along the Tansa water pipeline and is meant to ensure that the 16,000-plus ‘encroachments’ that were removed in 2017 do not come up again.
Several trees have already been cut near the two lakes, and massive debris, earth and stones have been dumped in the area. The construction of a concrete road has started and concrete walls and water drains are being laid. Scientists and environmental experts consider the area surrounding Vihar and Powai Lakes an eco-sensitive zone, although it is not officially notified as such**. **They say that a cycle track along the land-water interface will impact the habitat of many species living in the lake, including the nesting place of crocodiles.
"The cycle track in and around Powai and Vihar Lakes and the forested areas is detrimental to Mumbai's fragile ecosystem. Be it the crocodiles, soft-shell turtles or the local adivasis, all who depend on the lakes and the forest will be immensely affected. Instead of making a cycle track on the existing roads, the BMC is reclaiming parts of the lake and forest that goes against its own glorified Mumbai Climate Action Plan," an activist told LCW on the condition of anonymity.
The Brihanmumbai Municipal Corporation (BMC) plans to build a gabion wall around the lakes to prevent sewage and construction debris from flowing into the lakes. According to an urban planning researcher, there is no evidence that such a mechanism will not impact run-off and is, in fact, more likely to block upstream water and cause flooding. Construction activities will also increase solid waste and noise pollution.
In November 2021, the Bombay high court issued a stay order on the cycle track in response to a public interest litigation (PIL) filed by two IIT-Bombay students. The BMC refuted the claims made in the PIL and stated that since the Powai Lake is a man-made reservoir, the cycle track did not flout any wetland norms. The petitioners, however, said that "construction activities carried out in the ecologically fragile wetland of Powai Lake are a serious threat to protected and multiple endangered species of flora and fauna and that there is no public information available on ongoing construction activities at all, hence the application". Even RTIs have reportedly not been answered.
Citizens have been physically and digitally protesting against the cycle track for over two months. They have launched public and social media campaigns, left notes on trees and are trying to create awareness through music.
In November**, more than 650 **people wrote letters to Maharashtra Chief Minister Uddhav Thackeray and state Tourism and Environment Minister Aditya Thackeray requesting them to stop the construction. However, the letters were returned unopened and were stamped with “No Entry” and “Not Accepted”, local activist Nishant Bangera told LCW.
On 6 May 2022, a division bench of Chief Justice Dipankar Datta and Justice VG Bisht held that "construction of cycle track or any slightest disturbance to the otherwise serene water body of the surrounding area would have far reaching effects on the ecology and aquatic life of the lake, which already has excessive silting, sewage ingress and e tended hyacinth growth leading to eutrophication of the lake water". Accordingly, the High Court declared that the work of cycling and jogging track being carried out by the Government was illegal, and directed the authorities to remove all construction carried out. As per news reports, the demolition of construction began in February 2023, nine months the order was passed.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Urban
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled
Original Project Deadline
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Water bodies, Other environmental services
Whether the project was stalled due to land conflict
Yes
Source/Reference
https://indianexpress.com/article/explained/powai-cycling-track-project-explained-7905427/
Total investment involved (in Crores):
₹
300
Type of investment:
Cost of Project
Year of Estimation
2021
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bombay
Case Number
PIL (L) No. 23928 of 2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Brihanmumbai Municipal Corporation
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Yes
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Muse Foundation, Let India Breathe, Aarey Conservation Group, Fridays For Future Mumbai
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Anjali is an activist working for intersectional, anti-caste and democratic social and environmental justice. She graduated in Sociology and Anthropology with Environmental Studies from Ashoka University. She is a member of the Yugma Network, a pan-Indian youth initiative working towards achieving ground-level environmental justice through conversations, campaigns, education, art and law. Aditi is also the co-founder of The Project Amara, a Pune and NCR-based initiative to ensure sustainable and equitable menstruation. She loves marine ecology and insects and is particularly interested in working at the intersection of economics, policies, environment and justice.
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