‘Not a binary choice’: SC Quations to revive the 100 -year -old lake to demolish the Bombay HC order. Bharat News
New Delhi: The Supreme Court on Friday greeted the Municipal Corporation of the theme Garden of Greater Mumbai, which came to the site of more than 100 years in Kandivali (West) at the site of Khajuria Lake, which overturns the 2018 decision of Bombay HC, directing the Maharashtra government and MCGM to direct and restore the lake. However, SC asked MCGM to maintain and preserve the existing park, which is especially in the form of a green area for public use without any major commercial activity. The park acts as an important entertaining nucleus for children, providing them a safe place for sports and physical activity; Provides a dedicated area to senior citizens to walk and social interaction; And creates community engagement and holiday opportunities. A bench of Justice Surya Kant and N. Kotiswar Singh also directed the MCGM to “form an expert committee within three months to find out the viability of developing an alternative water body in nearby areas to replenish the ecological functions of the original water body.” Writing the decision, Justice Kant further asked MCGM to conduct a comprehensive practice within a year for the ecological restoration of water bodies, who are dying, and file a compliance report before HC. This requested HC that “to see that the instructions issued by SC have been complied with and the soul”.Interestingly, HC’s 2018 decision was passed by a bench, in which Justice Oka, who recently retired as SC Judge, was a part. The matter came to SC, with the verdict, finally reached five days after Justice Oka’s retirement. Allowing MCGM’s appeal, the bench stated that although HC’s views were well intended and, prima factor, a correct interpretation of inhabited perceptions such as public trust theory, they required reconsideration through “practical realities and prism of developed ground conditions”. Justice Kant said, “There may not be a simple binary option between the park or pond, as each specific conditions, geographical location and developed use provide separate ecological and social work on the pattern”.The Vardent Ricrian Park, which had come up over the so -called lake, had been reduced to a garbage dump for years and could not support flora and fauna, now a well -maintained urban urban urban, which taming with mature trees, as the appeal is finally being decided after 15 years of coming to the site. The bench said, “It provides an essential green space in a rapidly growing urban environment, with trees and other leaves significantly contribute to oxygen production, air purification and microclimate regulation.” Applying HC’s instructions at this stage will give results that violate environmental principles they sought to maintain.
