Maharashtra News: NGT Asks MPCB To Rehear RMC Plant Owners Over Alleged Wetland Violations In Vasai's Sasunavghar

The National Green Tribunal (NGT) has directed the Maharashtra Pollution Control Board (MPCB) to give a hearing to the owners of Ready-Mix Concrete (RMC) plants located on wetland-marked land at Sasunavghar, Vasai, and to decide afresh whether closure notices need to be issued against them for allegedly damaging the wetland. The NGT has directed the RMC plant owners to present all the compliance documents obtained for the legal operation of their plants before the MPCB at the time of the hearing.

In its orders, the NGT also asked the Wetland Authority to file an appropriate and conclusive report on the issue. “The RMC plant owners have been vehemently opposed by the applicant in the case, who claims that the Wetland Atlas shows the entire village of Sasunavghar falls within the category of Coastal Wetland – Natural – Intertidal Mudflat. Therefore, it cannot be said that the area is not a wetland. But we deem it appropriate that a conclusive report/reply must come on record from the Wetland Authority as well.”

The complaint was filed by Charan Bhatt against several government authorities over the alleged violation of wetlands in Vasai.

However, the plant owners in their reply stated that the MPCB had not verified whether the land at Sasunavghar was indeed a wetland. They claimed that various development permissions had been granted to them, allowing them to operate on the basis that the land was not classified as a wetland. “The plant owners have executed a Leave and Licence Agreement in respect of lands bearing Survey Nos. 108/1/2 and 113/3 (part), Village Sasunavghar, Taluka Vasai, District Palghar. They have also received Consent to Operate for operating Ready-Mix Concrete (RMC) plants dated 15th May 2024 from Respondent No.7 (MPCB), which is valid and subsisting until 2029 and 2030. Despite having all the required permissions, the plant owners are being stopped from conducting business. The Joint Committee report does not observe that the plant owners are polluting the environment,” they argued.

Meanwhile, the applicant, in its reply, stated that the Joint Committee constituted by the Tribunal had submitted its report based on direct site inspection, visual observations, verification using ISRO-SAC Wetland Atlas satellite data, and ground-level assessment. The report confirmed ongoing and serious environmental violations, including illegal debris dumping, unauthorised constructions, obstruction of natural water bodies, destruction of mangrove habitats, and large-scale ecological degradation along the stretch in Sasunavghar. The Committee’s findings were further corroborated by a report submitted by the Office of the District Collector, Palghar.

The Tribunal, however, maintained that it could not consider the report as it had not been translated into English.

It is further mentioned in the applicant’s objection that in compliance with the Tribunal’s order dated October, 2023, the MPCB has taken action against 

Plant Owners by issuing closure directions. These RMC plants were found to be operating within the wetland stretch, as confirmed through satellite imagery annexed to the present Original Application , based on the Wetland Atlas prepared by ISRO-SAC. The construction and operation of these RMC plants within a designated wetland area amount to a direct violation of the Wetlands (Conservation and Management) Rules, 2017, and the binding directions issued by the Hon’ble Supreme Court.

It is also mentioned that although Plant owners have obtained Consent to establish from the MPCB under various environmental norms and guidelines, they have not secured any statutory permissions from the concerned local planning authorities for construction or development. These are mandatory under the Development Control Regulations (DCR), Unified Development Control and Promotion Regulations (UDCPR), or the provisions of the Maharashtra Regional and Town Planning (MRTP) Act.

Navi Mumbai News: Teen Electrocuted While Filming Instagram Reel On Train Roof Near Nerul, Critically Injured With 60% Burns

Furthermore, the Consent Letter issued by the MPCB explicitly states that such consent shall not be treated as an exemption from obtaining necessary No Objection Certificates (NOCs) or approvals from government agencies or local bodies. Despite this, the RMC plants have failed to obtain the required development permissions from the Urban Local Body, i.e., Vasai Virar City Municipal Corporation (VVCMC).

The applicant further stated that although the area is classified as Coastal Wetland – Natural – Intertidal Mudflat in the ISRO-SAC Wetland Atlas, the concerned authorities have not yet prepared or published any Wetland Brief Document under the Wetlands (Conservation and Management) Rules, 2017.

Therefore, the applicant has prayed that an order be passed to ensure restoration of the damaged wetland and that Plant Owners be directed to voluntarily dismantle and remove the illegal RMC plants established within the wetland area.