In a setback to the Mumbai civic body, the Bombay High Court Friday allowed PILs challenging the construction of a cycling and jogging track around Powai Lake and said the cycle track was illegal. The high court also restrained the respondent Brihanmumbai Municipal Corporation (BMC) from carrying out any reclamation or construction work.

Recognised as a wetland, the man-made Powai Lake in the eastern suburbs of Mumbai was constructed in 1891. As its water was declared unfit for drinking, it is being used for industrial purposes. The lake has a water spread area of 210 hectares and a catchment area of 6.61 square kms, according to the Central Institute of Fisheries Education. In 2021, the BMC proposed constructing a 10-km cycling track around Powai Lake as a part of its plan to have cycling tracks across the city, a plan that also had the backing of state Environment Minister Aaditya Thackeray.

What is the opposition to the project?

Local residents and environmentalists have been opposing the project since its planning stage. While some have said the track would be in violation of the Wetlands (Conservation and Management) Rules, others have pointed out that it will have a negative impact on the habitat of the Indian marsh crocodiles found in the lake. Some environmentalists are worried that the project will open up space for development around the lake. NGO Vanashakti has even filed a complaint with the Ministry of Environment, Forest and Climate Change.

Need for a cycling track

The Mumbai civic body has argued that the cycling track will lead to the creation of a much-needed, public and open community space in the city’s eastern suburbs. It has also said that the project will steer the Powai Lake rejuvenation work ahead. As per BMC data, 10.9 million litres of sewage per day flows into the lake directly. The discharge of untreated sewage into Powai Lake through 19 culverts is causing pollution problems and leading to a growth of water hyacinth, BMC has said.

The BMC has maintained that the project is in public interest and that as it is a man-made reservoir, the project does not flout wetland norms. The civic body has also said that the cycling track will be made using the latest ‘gabion technology’ without any reclamation or construction work. It denied allegations that the technology was dangerous to humans or the ecosystem. Gabion technology consists of merely placing PVC-coated, galvanized iron wire mesh baskets containing stones of various sizes, without any joinery, fixing or cement mortar. The technology uses “porous” material and “does not prevent the flow of water” during monsoons, the BMC has said. Over 2,000 indigenous trees will be planted along the track, it has said.

What is Bombay High Court’s decision?

On Friday, the Bombay High Court said the work of the cycling track was illegal and restrained BMC from carrying out any reclamation or construction work. The court allowed PILs challenging the construction of the track and asked the BMC to immediately remove all constructions carried out and restore the reclaimed site to its original position. It also rejected the BMC’s request to stay the operation of its judgment. It said that the civic body can approach the Supreme Court. The high court had first stayed the construction of the project on November 1, last year, and the stay continued from time to time. The court, on April 25, extended the stay till the pronouncement of the verdict in the two PILs.

In a statement issued Friday, the BMC said it “has always strived to create community spaces benefiting the citizens” and added that the Powai project was for the benefit of creating “such a space in the eastern suburb”. “The order of the Hon’ble High Court though disheartening is being perused by the legal counsels and an appropriate decision will be taken in the interest of the city,” it said. “The BMC is always committed to the interest of the people of Mumbai and will strive to do so further, within the parameters of law.”

The BMC has maintained all along that there has been no violation of any law or rules and that care has been taken to ensure the project has no adverse impact on the public, its habitat or its environment. The BMC also said that the order relates to the catchment area of the Powai Lake and does not relate to the community space development.

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