National Green Tribunal, New Delhi: A 3-member bench comprising of Prakash Shrivastava, J., (Chairperson), Mr. Justice Arun Kumar Tyagi, Judicial Member and Dr. Afroz Ahmad, Expert Member, took suo motu based on a news article titled “7 flamingos spotted near DPS Lake Wetland killed activists blame CIDCO’s development plan” published in The Indian Express on 28-04-2024.
The Indian Express article reported the death of 7 flamingos near DPS Lake in Navi Mumbai, Maharashtra. Initially, 5 of the 12 flamingos were found dead, and 2 more died after being taken for treatment. The article attributed the deaths to blocked inlets of the lake caused by newly constructed high-rise roads by the City and Industrial Development Corporation (CIDCO). This blockage resulted in stagnant water, unsuitable for flamingos who prefer flowing water. The article also mentioned ‘light pollution’ as a contributing factor and stated that the newly installed LED lights disoriented the birds, thereby causing them to crash into objects and get injured.
The NGT noted that the despite previous court orders to preserve the DPS Lake wetland, traditionally a habitat for migratory birds, is reportedly slated for future development by CIDCO, which as a result led to a drastic decline in the migratory bird population. The NGt noted that the news item raises substantial issue relating to compliance of the environmental norms, especially compliance of the provisions of the Wetland (Conservation and Management) Rules, 2017, Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986.
The NGT issued notices to the respondents, Principal Chief Conservator of Forests (H.O.O.F.), Maharashtra, Maharashtra Wetland Authority, CIDCO and Collector and District Magistrate, Thane (Navi Mumbai), for filing their responses before the appropriate Bench of the Tribunal at least one week before the next hearing date. The NGT transferred the case to the Western Zonal Bench, Pune for further action. The next hearing is scheduled for 16-07-2024.
[News Item titled “7 flamingos spotted near DPS Lake Wetland killed activists blame CIDCO’s development plan” appearing in The Indian Express dated 28.04.2024, In re, 2024 SCC OnLine NGT 481, order dated 30-05-2024]
