aarey forest | SabrangIndia News Related to Human Rights Mon, 05 Jun 2023 12:09:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png aarey forest | SabrangIndia 32 32 Wake up, citizens of Maharashtra! https://sabrangindia.in/wake-citizens-maharashtra/ Mon, 05 Jun 2023 12:09:17 +0000 https://sabrangindia.com/?p=26698 Say no to destruction! Save your lives, save your livelihood! June 5, World Environment Day!

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Mumbai, June 05, 2023

A Joint Call from a Citizen’s Collective, Civil Rights and Environment Groups on World Environment Day, June 5: Mega crore  infrastructure projects in Maharashtra – from Ratnagiri, Raigad, Palghar, Thane and Mumbai have endangered the Konkan, destroying forests and the coastline, causing severe air pollution, besides  displacement of scores of communities and loss of livelihood. People are now burdened with the loans taken for these projects.

Throughout May, the Indian Metrological Department (IMD) issued repeated warnings of a heatwave in Mumbai, Thane and parts of the Konkan. Barely a few months ago, citizens of Mumbai experienced the worst air pollution in years. Between January 29 and February 8, Mumbai overtook Delhi as the world’s second most polluted city in terms of the global Air Quality Index (AQI).

We are reeling under the impact of climate change. We struggle to breathe clear air and dust particles from construction sites have caused chronic respiratory illnesses. The heat wave has been exhausting and at least 13 people in Maharashtra died due to heat stroke in April. For scores of citizens, travelling to their workplaces is daily torture.

Citizens are experiencing the ugly impact of the cutting down of hundreds of trees and forests for infrastructure projects, the displacing of scores of people and the destruction of traditional vocations and livelihood patterns in the name of development. These rampant destructive spate of activities do not align with the objectives of protecting and nurturing the environment and protecting the lives and livelihood of people.

We, civil society activists and environment protection activists have come together to speak about the negative impact of various ‘development ’projects undertaken by the Maharashtra government. We ask “If not for the people of the state, for whom is this destructive development for? Who benefits from it?”

So far, a repressive government in Maharashtra has clamped down on voices of dissent who have been served with externment notices and FIRs. A Citizen’s Collective from Environment and Right Based Peoples’ Movements have come together to demand action from the Government to protect the Environment on Monday, June, 5on the occasion of World Environment Day. The Venue for the public meeting between 5-7 p.m. is 2nd Floor, Marathi Patrakar Sangha. Near Azad Maidan, Mahapalika Marg, Fort.

The Collective has put together a summary of the environmental impact of some of these destructive initiatives in the Konkan, Palghar and Thane district and Mumbai:

envoroment day

Barsu-Solgaon

Since April 23, 2023, the Maharashtra government has deployed unprecedented police personnel in Barsu Solgaon, Block Rajapur, District Ratnagiri to conduct soil testing and other tests for the Ratnagiri Refinery and Petrochemicals Ltd (RRPCL) project. Organised under the banner of the “Barsu Solgaon Panchkroshi Refinery Virodhi Sanghatana”, the villagers have been opposed to the refinery’s impact on their land and the destruction of the ecosensitive areas of the Konkan.

The refinery, an over Rs three lakh crore project, is a joint venture of Saudi Aramco, Abu Dhabi National Oil Company (ADNOC), Indian Oil Corporation Limited, Bharat Petroleum Corporation Limited, and Hindustan Petroleum Corporation Limited. In 2015, the project was proposed to be located in 17 villages in Rajapur taluka and Sindhudurg district but after stiff resistance from local villagers, it was shifted 20 kilometres from Nanar to Barsu-Solgaon in 2019.

The cynicism of planners in exploiting the natural resources of the area is obvious: Over 200 people, including government officials, journalists and others who had advance information on the refinery project, purchased land at cheap rates between 2019 and 2022!

Environmental activists have been arrested, face externment notices or threats to life. On February 7, 2023, Sashikant Warishe, a reporter with Mahanagari Times, was callously and deliberately mowed down by a land broker Pandharinath Amberkar. Warishe used to write on the irregularities in land acquisition and the adverse impact of the refinery. At least 45 women were detained (and arrested ?) when they protested the land surveys being conducted in the area.

Besides rice fields, the world famous Alphonso mango and cashew orchards, Barsu Solgaon has Mesolithic Age geoglyphs, depicting animals like the one-horned rhino, the tiger, and the elephant, which were perhaps found in this region thousands of years ago. In fact, the largest geoglyph in the Konkan, at least 57 feet wide by 17 feet high, is in Barsu.

Beside the threat to these ancient relics of human settlements, the villagers fear the destruction of natural resources, nature-based livelihoods and a rich cultural heritage and environment. Besides, the refinery will also result in disruption of fishing activities, with the setting up of a number of downstream petrochemical industries and a port at Ambolgan village around 24 km from Barsu, for unloading crude oil.

While the government claims the land is “barren”, the villagers know better. They point out that the laterite plateaus of the Western Ghats are actually biodiversity hotspots that sustain them and, during monsoons, help preserve water that percolates into the porous rocky terrain and recharges aquifers at the base of the plateau.

Indeed, even the UNESCO recognises the entire Western Ghats are one of the world’s eight ‘hottest hotspots’ of biological diversity. The forests of the site include some of the best representatives of non-equatorial tropical evergreen forests anywhere and are home to at least 325 globally threatened flora, fauna, bird, amphibian, reptile and fish species, of the 7,402 species of flowering plants, 1,814 species of non-flowering plants, 139 mammal species, 508 bird species, 227 reptile species, 179 amphibian species, 290 freshwater fish species and 6,000 insect species. The Western Ghats have immense geomorphic value, with their influence over monsoon patterns and the natural barrier of the mountains to the south-west monsoon.

Raigad

For several years now, farmers of Roha, Murud and Pen taluks of Raigad district have been struggling against mega projects that are set to transform the entire area. Currently, land acquisition, a majority of which is compulsory, is on at breakneck speed for several projects, including the JSW Dharamtar Port Ltd (JSWDPL) expansion, the Virar Alibag multimodal corridor, the Pharma park, the Navi Mumbai airport and the Sambarkund Dam project. A huge paper pulp industry is coming up at Shahapur Dherand in Alibag tahsil.

In the last two decades, due to mega projects, there has been the conversion of one lakh acres agricultural land to non-agricultural (NA) land and another 60,000 acres are about to be converted to NA land.

This is serious as it affects the environment at large, besides the livelihood of farmers. Local farmers are against these projects and have, time and again, outlined their detailed reasons why they oppose them. But their voices have fallen on deaf ears.

According to the official data, over the last 20 years, there has been a decrease in the area under paddy cultivation in Raigad district by 39,264 hectares i.e. 98,160 acres, due to urbanization and other projects. Also, with the land acquisition and land use conversion that is going on in the district, at least 52,062 acres of land is being diverted from agriculture to other purposes in a single year.

This is a huge loss of jobs, livelihoods, and the environment. Compared to that, new job creation is not seen. The carrot of employment generation is shown in every project prior to land acquisition but in reality it does not happen. Hence, the rate of migration is increasing.

According to Section 10 of the Land Acquisition Act (2013), the area under acquisition in districts should not be beyond certain limits. But this issue is not taken into consideration while issuing the acquisition notification. The government is working towards erasing the identity of Raigad district as a rice granary and is eliminating the peasantry here.

Land acquisition is a violation of Section 10 of the Land Acquisition Act, 2013. The said acquisition should be done in accordance with the Land Acquisition Act 2013, by which the project affected have the right to reject the project. But the government has surreptitiously tweaked the law in 2018. This is tyranny.

Whom do all these projects actually benefit? Why are Indian farmers being hit to benefit international companies? We are citing these examples to illustrate our point:

  • Pharma Park is a chemical and polluting project of Central Government and is adjacent to Eco Sensitive Zone and Phansad Sanctuary.
  • Virar Alibaug Multimodal Corridor is a 39,000 crore project and has no benefit to the local people. On the contrary, their survival is threatened by this project.
  • The JSW company has so far destroyed hundreds of acres of land due to pollution and intrusion of salt water into the ground and has caused massive land, water and air pollution. The government pollution control board has no control over the company. On the contrary, the government is doing its best to acquire more land as a reward to them.
  • The Zonal Atlas for Siting Industries Report has expressed concern over the increasing pollution in the district and recommended that no more polluting projects be sanctioned. Despite that, land acquisition for chemical projects and mega projects continues.

 

Palghar

Bullet Train, Vadhvan Port , Expressway and Coastal Road

Palghar district has a new name – District of New Infrastructure Projects.

Over the last few years, the Bullet Train Project, the Mumbai-Vadodara Expressway and the Delhi-Mumbai Freight Corridor (DDFC) have sliced up the district, destroying forests, fruit orchards and farmlands, reducing the predominantly tribal farmers to precarity and endangering their livelihood and culture.

The farmers may have eventually acquiesced to the land acquisition for the 110 lakh crore Bullet Train project, but it does not imply that they support it. The said Bullet train project is the epitome of misplaced development priorities, as it runs through the tribal area which is lacking in roads, medical and educational facilities. Shouldn’t providing these facilities be the focus of development, instead?

The various infrastructure projects are inter-linked. The high speed “Bullet” Train, is expected to put Vadhvan Port, through the Station at Boisar, on the fast track. The cargo that will be offloaded at Vadhwan will be transported by both the DDFC and the Mumbai-Vadodara Expressway. A broad strip of land having a width of 100 -120 metres has been acquired for the Expressway. It has caused havoc to the daily life of those whose lands have been acquired. The recent inhuman incident at Dhanivari village exemplifies the irregularities in the land acquisition process. As land rights have not been recorded, many of the tribal cultivators were being denied compensation!

The Expressway has already caused irreparable damage to the forests and hillsides which have been cut away. But there will be far more damage due to the construction of a 25 feet high embankment on which the Highway will run. This will have a lasting impact on the ecosystem and environment in the region. Soil for the construction of the DDFC and the embankment for the Expressway is being sourced by unscrupulous contractors from the agricultural lands of tribals and the hillsides in tribal villages, causing irreparable environmental damage. Further, the proposed Vadhvan Port will be constructed on 4,000 acres of land that is to be reclaimed land offshore near Dahanu.

Various hillsides in Palghar taluka have been earmarked for sourcing the stone, rock and earth for the reclamation. This will destroy and change the geography and environment of the area permanently. Additionally, the 4000 acres of land to be reclaimed in the sea will push the sea waters into the coastal villages and will cause severe flooding of the coastal area, which anyway will have to deal with the rising sea-levels due to global warming.

The Coastal Road and the proposed Vadhvan Port, the largest Port in the Asian continent will destroy the livelihood of the fishing communities. The site of the proposed port is rich in marine diversity and is one of the few breeding grounds for ghol and other varieties of fish. The quality of bombil that is caught in this area is exceptional.

The area is rich in various types of corals.

Vadhwan also has very strong cultural significance for some communities as the Port will encompass the Shankodar temple which is believed to be the place where Lord Rama performed the last rites of his father.

The fishing community will also be impacted; thousands of Adivasi fishworkers will also lose their employment. Orchards which produce vegetable and fruit for the Mumbai and overseas market will be destroyed. The local die-making industry which provides self-employment to almost every household in the area will be overrun by the port activities. The alternative employment that the mechanised and ultra-modern port will offer will be far less than the existing employments and livelihoods that will be destroyed.

The local villagers are opposing the Project tooth and nail, but the government appears to be hell bent on pushing it through.

Thane

Thane, once known to be the city of lakes and also as a green paradise, has seen detrimental environment degradation over the years. The destruction has been brought about at all fronts, especially due to the unhindered urbanization. It’s Creek, Forests, Trees and Lakes are all under unprecedented attack by several forces.

While the Thane Creek continues to see loss of mangrove due to encroachment, dumping etc, the Lakes are concretized and unscientifically beautified. Thane Municipal Corporation’s apathy towards the upkeep of trees and distribution of cutting permissions with no transparency and scope for public participation has caused massive tree cutting across the city.

The city is also blessed with a national forest called Yeoor within its limits. However, that too has been in danger due to Hotels, encroachment, parties, unregulated traffic, political nexus and more.

The above loss has been causing air pollution which is met with unscientific mitigation measures such as mist sprays that only vanishes tax payers money in air.

Mumbai

Metro Project and Aarey

Of the major infrastructures projects executed in Mumbai over the last decade, the mega crore Metro project has caused the most disruption in the daily lives of Mumbaikars. The slogan written on the barricades erected by Mumbai Metro Rail Corporation says Mumbai is Upgrading. But have these projects improved the quality of citizens’ lives? And what about the monumental environmental and fiscal cost of the entire project?

While citizens have put up with the inconvenience, hoping for better, more efficient and clean transport, the construction of the car shed for Metro 3 in Aarey forest has had the most damaging environmental impact. But it is not the only one.

The Metro 3 Car Depot has destroyed the homes of tribal families, threatens the very catchment and floodplain of Mithi, a critical river for Mumbai, decimated forests and endangered a thriving ecosystem that sustains animal and avian life. Tribal families were falsely projected as encroachers by MMRCL. Their homes were demolished and land was snatched away for Metro 3 Car Depot. More than 2500 trees have been cut in Aarey forest for this project. The Mumbai Metro Rail Corporation (MMRCL) did not disclose the correct number of trees to be felled to the Apex Court.

Metro line projects attract huge amount of capital investments as well as operational costs. Why is there such a shocking lack of planning that will ensure optimal utilisation of all resources, including precious land, to benefit citizens?

The saga of the Metro car shed in Aarey is a story of how planners wilfully disregard environmental considerations, despite expert recommendations and public protests to preserve natural resources and seek alternatives to destruction.

In the DPR of Metro Line 3, land in Kalina and BKC were considered as options for construction of Metro 3 Car Depot. Both these substantial parcels of land, in the possession of the State Government under MMRDA, have close proximity to the alignment of line 3 and are in the middle of the route, thereby reducing the distance of running of empty rakes. In 2015, a Technical committee report had suggested Kanjurmarg as an alternative location for Metro 3 Depot.

In 2015, Environment experts submitted a dissent note against use of Aarey location for Metro 3 depot stating Aarey as a contiguous forest land rich in Biodiversity and the catchment area of Mithi River. This note also says that destruction of this catchment area will result into flooding.

Nevertheless, the BKC land was dismissed stating tremendous commercial potential of the land and the Kalina land was not considered stating that it was only 20 ha and therefore inadequate for a car shed and would hamper the future expansion of Bombay University.

In 2020, meetings held in MMRCL confirmed that 30 ha land is available in Kalina. A design of Metro 3 Depot was prepared by MMRCL for Kalina location. The measurement of the land done by MMRCL on Google Earth revealed availability of 30 ha land in Kalina.

Across the world other commercial and residential projects have been constructed on Metro Yards( for e.g. New York and Hongkong) for optimum utilisation of the land. Mumbai is a landlocked city and hence more care should be taken for proper utilisation of land as a resource.

A report was prepared by MMRDA for integration of Metro Line 3 with 6 to move the Metro 3 Depot to Kanjurmarg to Build an integrated depot for Line 3,4 and 6. Since November 2020 till end of 2022, the land in Kanjurmarg was stuck in litigation and was unavailable for construction of an integrated depot. Land from this same Kanjurmarg location now has been recently allotted to Metro Line 6 to build a Car Depot.

Metro Line 7 and 2A was budgeted at 12700 crores. According to news reports, the actual expense has increased by 7 to 8 % while the budget for Metro Line 6 is 6,700 crores. The budge estimation for Metro Line 3 was 23,136 crore which increased to 33,405 crores. Some of the reasons mentioned for cost escalation are erection of steel deck for road traffic and increase in excavation cost due to presence of basalt rock. Did not Mumbai Metro Rail Corporation (MMRCL) know that Mumbai has basalt rocks underneath?

As per the 2011 Detailed Project Report (DPR), the Metro Line 3 route alignment initially had its last station at SEEPZ. The detailed project report of Metro Line 3 did not have any stations in Aarey Forest but after a public hearing in 2012, a station was introduced in Aarey on the bank of Mithi River. For whose benefits has this station been introduced in a forest area ?

The Colaba Bandra SEEPZ metro line has now been renamed as Colaba Bandra Aarey Metro Line. Metro line 7 has a station names Aarey on the west end of Aarey and Metro Line 3 has another station named Aarey on the east end of Aarey, though the line terminates at Andheri East. In 2015, a letter written by the Managing Director of MMRCL in 2015 to the town planning department spoke about FSI 3 for the Depot area in Aarey.

Are these Aarey stations an invitation for realtors to bring luxury projects in Aarey Forest? As it is, tribal Hamlets in Aarey and Film City have been served slum rehabilitation notices. The adivasis oppose this rehabilitation plan. Already, so many tribal hamlets, with their trees and their unique connection with the environment, have given way to high rise SRA projects and luxury buildings.

Coastal Road

Coastal road is another capital-intensive project budgeted at 25000 crore. The reclamation and permanent alteration of the coastline has totally disregarded the eco-sensitive intertidal zone, destroying coral reefs, artisanal fishing and fish spawning grounds.

Despite long struggles and litigation, the critical warnings of experts, research and reports of rising sea levels, city policy makers and the BMC have gone ahead with the coastal road project – which is nothing more than a road project for private cars.

While public transport has been sorely neglected, take a look at this fact: both Metro Line 3 and Coastal Road run from south to north. Metro Line 3 promises to take off 4.5 lakhs vehicles off the road, decongest the roads and reduce Carbon Footprint where in Coastal Road also promises to decongest the road. If Metro Line 3 is going to decongest the road, then where is the need for such an expensive Coastal Road? Whose interests will it serve? Who will pay for the cost to the environment?

GMLR and Thane-Borivali Twin Tunnel

Two very expensive projects are Goregaon Mulund Link Road (GMLR) and Thane Borivali Twin Tunnel. Budget for both these projects are 10,100 cr and 10,000 crore respectively. Project proponent for Coastal Road and GMLR are Bombay Municipal Corporation. BMC’s 23-24 budget for Mumbai City is 52,619 crores.

Of the 11.84 km-long road project, there will be 10.8 km of twin tunnels beneath the Sanjay Gandhi National Park (SGNP) and One Km of approach roads on both ends (Magathane’s Ekta Nagar in Borivali and Tikuji-Ni-Wadi, Manpada in Thane). It will necessitate the acquisition of 16.54 hectares of private land and 40.46 hectares of land within the Sanjay Gandhi National Park.

In 2021, both projects were exempted or delisted from scrutiny by the Ministry of Environment, Forest and Climate Change’s (MoEFCC) expert appraisal committee (EAC) on grounds that, since the roads are not state or national highways, they do not require an environmental clearance! There was no attempt to even acknowledge that they pass under the national park and they will cause disruption and possibly permanent destruction of the unique ecosystem of the SGNP, which shelters an astounding variety of flora and fauna – an estimated 1300 species of trees and flowering plants,274 species of birds, 170 species of butterflies and 35 species of mammals.

These are only some of the major projects that will permanently alter the environment and destroy lives and livelihoods in Maharastra. Let’s not forget that people from different parts of Maharashtra have lost their lives and homes in floods. At least 36 million hectares of crops was lost in Maharashtra due to climate crisis in last five years.

Despite the threat of more “natural” calamities due to Global Warming and human- made tragedies, our state Government’s primary focus has been to execute several

capital intensive infrastructure projects a breakneck speed, destroying our forests and coastline, valuable ecosystems and biodiversity. These projects have also resulted in the displacement of people and loss of livelihood.

Undermining Environmental Laws

Hitherto, India has a fairly robust set of Environmental and other related Laws. But the Modi government and the BJP have looked upon these Acts as impediments to development and to “ease of doing business”. During the past nine years, the government has diluted or tried to dilute a number of these laws to basically make it easier for the capitalists to do business (and conversely to destroy the environment and livelihood of the poor). It has been overzealously proposing or making amendments to laws and policies relating to land acquisition, forest conservation, wildlife protection, environmental protection, biological diversity, and mining laws.

Earlier, it was mandatory to take Gram Sabha consent prior to diversion of forest land for projects at the initial or in-principle approval stage (Stage 1) of a Project Proposal. But after the Amendment to the Forest Conservation Rules 2022, the Gram Sabha, which is statutorily empowered to manage its forest resources is to be contacted only after Final approval is already granted by the Central Govt!

Further, by virtue of the Forest Conservation Amendment Bill 2023, certain types of land (eg. Upto 100 kms from international borders) are to be exempted from the purview of the Act, implying that Projects in these fragile Himalyan mountain areas do not require any forest clearance nor have to abide by any regulation.

Additionally, by virtue of the new Bill private companies can now raise plantations in the Adivasi and tribal areas on degraded forest land, waste land, and revenue land.

These amendments inform us that the state is moving towards consolidating its command and control over forest land, and forest resources, at the cost of forest dwelling communities, to serve the interests of capital, and big business. Therefore, it is intentionally sabotaging the democratic self-governance framework envisaged under the Constitution which give the Gram Sabha the power to govern and manage its forest, resources, and land for the greater good of all.

As concerned citizens and members of civil society and environmental groups, we are together in trying to raise our voice against such mindless and destructive projects. Some of us have been served with externment notices and face multiple FIRs in different parts of Maharashtra. The government is bent on criminalising our dissent.

On the occasion of World Environment Day 2023, we come together to express our rejection of these destructive projects and to call upon citizens to unite to protect their lives and their livelihood, to nurture trees and forests and the animals and birds that depend upon nature for their survival.

To the government, we demand :

  •  An immediate halt to all environmentally destructive projects
  • The withdrawal of all the FIRs and cancellation of externment notices filed against all activists protesting these projects  and demand a consultation with residents
  •  Restoring the land and livelihood of people who have borne the brunt of reckless projects and a just compensation of their loss
  • An economic, social and environmental audit of all projects Identification of alternative sites for projects with full and transparent
  • Immediate withdrawal of all recently passed anti-people and anti-environment amendments to environment and forest laws (eg. Forest Conservation Act and Rules)
  • All projects be approved only after consent of the gram sabha/local community. We believe it is still not too late to halt this mindless destruction. But if we do not do
  • so now, it will indeed be too late.

Several organisations have endorsed this appeal. On Monday June 5 a public function to articulate these demands will be held at

Adivasi Hakka Sanvardhan Samiti, Mumbai

Aarey Conservation Group and Save Aarey Movement

Barsu- Solgaon Panchkroshi Refinery Virodhi Sanghtana

Bharatiya Muslim Mahila Andolan

Bhoomi Sena – Adivasi Ekta Parishad

Citizens for Jutice and Peace

Fridays For Future Mumbai

Justice Coalition of Religious, West India, JSA-Mumbai

Kashtakari Sanghatana/ कष्टकरी संघटना

कामगार एकता युनियनमहाराष्ट्र.

Kamgar Ekta Union, Maharashtra.

Mulbhut Adhikar Sangharsh Samiti (MASS )

Muse Foundation

National Alliance of People’s  Movements, Maharashtra (NAPM)

ओबीसी एकीकरण समिती.

पर्यावरण संवर्धन समितिवसई.

Paryavaran Sanvardhan Samiti, Vasai.

People’s Union for Civil Liberties, Maharashtra (PUCL)

SAPACC, Maharashtra.

Sarvahara Jan Andolan

 

Related:

#NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail

SC reprimands Mumbai Metro on its bid to fell additional trees in Aarey, imposes Rs 10 lakh fine

Niwari’s Women Farmers Lead the Efforts for Sustainable Farming and Protection of Environment

A path towards combined protection of the environment and workers’ livelihoods

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Trees felled in Aarey at 5am amidst heavy police deployment https://sabrangindia.in/trees-felled-aarey-5am-amidst-heavy-police-deployment/ Wed, 26 Apr 2023 07:13:07 +0000 https://sabrangindia.com/article/auto-draft/ This move comes as a result of permission being granted by the Supreme Court to the MMRCL to fell 177 tress

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While most of Mumbai was sleeping peacefully, trees were being felled in the Aarey area at 5 in the morning, amidst heavy police presence. On April 17, the Supreme Court had allowed for the felling of 177 trees while imposing a Rs. 10 lakh fine on the Mumbai Metro Rail Corporation Ltd (MMRCL) for exceeding the limit set by the Supreme Court in its previous order. The Supreme Court was dissatisfied because, despite allowing authorities to consider the removal or non-removal of only 84 trees, permission to cut 177 trees was sought.

And today, on April 25, the MMRCL started felling more trees in Aarey Colony’s Prajapurpada village to make way for a shunting neck for the Metro-3 train. Line-3 (Aqua Line) of the Mumbai Metro is a 33.5 km under-construction metro line with 27 stations that connects Cuffe Parade, Bandra Kurla Complex, and Aarey Colony. It is important to note that, of the 177 trees felled, 53 will be transplanted and 124 will be permanently cut down, with the Supreme Court having cleared the way for the rail corporation.

Kishan Bhoye, an Adivasi resident of Prajapurpada, who belongs to the Kokna tribe, spoke to the Hindustan Times and stated that “Throughout the morning, we could hear the sound of electric saws at work behind the barricades set up by MMRCL. There was police bandobast (presence) not only in Prajapurpada but also at Picnic Point in Aarey, and even in the SEEPZ area near Sariput Nagar. My family has cared and lived off these trees for at least three generations. They have taken away a part of our identity.” As provided by the Hindustan Time, Kishan used to run a general store in Sariput Nagar which was demolished by the MMRCL during the 2017 evictions. He stated that even though he had been given an alternative store in Kanjur, it is too far from the main road and doesn’t generate enough income.

Social media is flooded with videos showing a large number of police officers deployed in the area. Authorities are also being accused of felling more than 177 trees. According to the Hindustan Times, environmentalists and adivasis living near the project site estimate that the total number of “unnumbered” trees is between 90 and 100, which have not been granted permission to be felled. Among them were at least three fig trees, one pipal, one mango tree, a mulberry tree, and a coconut palm.

The video can be viewed here:

Amrita Bhattacharjee, one of the petitioners in the case of the felling of the tree in Aarey before the Supreme Court, expressed her disappointment with the Supreme Court’s decision as well as her concerns about the illegal felling of the tree, and stated, “It is a shame that our submissions were not considered by the apex court. Despite the urgency of the situation, I filed a complaint with the forest department and IIT-Bombay about the undercounting of trees but received no response. Furthermore, because this project site is on a steep hill where JCB machines cannot reach, there is widespread concern that even trees designated for transplantation have been felled en masse,” as reported by the Hindustan Times.

The plight of the Adivasi Budhiya Bhoye, who had been living in the Aarey forest area, is also being highlighted on social media, with emphasis on the snatching away of their livelihood. Budhiya was the only Adivasi petitioner in the proceedings before the Supreme Court, while the others were filed by environmental activists including Zoru Bhatena, Amrita Bhattacharjee, Rishav Ranjan and NGO Vanashakt. The Bhoyes, whose eviction was halted by the Bombay High Court order in 2018, are now the only family in Prajapur to continue practicing indigenous land use, harvesting fruits, tubers, and a few vegetables for personal consumption and sale, as reported by the Hindustan Times. Unfortunately, the natural resources that had allowed them to do so are now being depleted, with the MMRCL felling 124 trees in the area, 75 of which are cared for by the Bhoyes.

It is important to note that the Mumbai Metro Rail Corporation Ltd (MMRCL) evicted 61 Adivasi families from the pada in 2017, many of whom were engaged in small-scale agriculture and horticulture, and 2,141 trees were felled by the MMRCL in October 2019 amidst heated protests.

 

Related:

SC reprimands Mumbai Metro on its bid to fell additional trees in Aarey, imposes Rs 10 lakh fine

Protests on attack on JNU students: Mumbai police withdraws case against 36 protesters

Protest in ‘Struggle To Save Aarey ‘ in Mumbai

SC forbids Mumbai Metro from cutting trees in Aarey colony

Metro car shed to shift from Aarey forest to Kanjurmarg

Bombay HC stays order shifting metro car shed

Truth prevails! Maha govt to declare parts of Aarey as reserved forest

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SC reprimands Mumbai Metro on its bid to fell additional trees in Aarey, imposes Rs 10 lakh fine https://sabrangindia.in/sc-reprimands-mumbai-metro-its-bid-fell-additional-trees-aarey-imposes-rs-10-lakh-fine/ Mon, 17 Apr 2023 16:12:36 +0000 http://localhost/sabrangv4/2023/04/17/sc-reprimands-mumbai-metro-its-bid-fell-additional-trees-aarey-imposes-rs-10-lakh-fine/ Despite the violation, an order authorising the cutting of 177 trees was issued

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AareyImage: Live Law

On April 17, while hearing the case of felling of trees in the for the Mumbai Metro Rail project in Aarey, in the matter of In Re: Felling of Trees at Aarey Forest, the Supreme Court placed a Rs 10 lakh penalty on the Mumbai Metro Rail Corporation Ltd (MMRCL) for overreaching the limit set by the Supreme Court in its previous order.  The Supreme Court was displeased over the fact that despite allowing for the authorities to consider removal or non-removal of only 84 trees, permission to cut 177 trees was being sought.  

The bench, which included CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, chastised MMRCL for acting in contempt of the Court’s order issued on November 29, 2022, in which it modified its earlier status quo order on the felling of trees in Mumbai’s Aarey region for the metro car shed project and allowed MMRCL to pursue its application before the Tree Authority seeking permission to fell 84 trees. The Court also stated at the time that the tree authority will be free to make an appropriate decision on the MMRCL’s application by imposing appropriate conditions. 

In the present hearing, at the very outset, CJI DY Chandrachud expressed his disapproval of the actions of MMRCL, and said:

“How can you move for felling anymore trees in excess of 84 trees? You’re in contempt of our order. You cannot take this court for a ride or go above the Court’s order. We lifted the status quo order specifically for 84 trees. If there was something in excess of 84, you should have come back to us. We would have granted permission subject to the hearing.” (As reported by LiveLaw)

Solicitor General of India Tushar Mehta, appearing for the MMRCL, stated that the MMRCL’s intention was not to overreach the order of the Supreme Court. He apologized to the court and stated that the most recent survey was conducted in 2019, and that 84 trees were to be cut down. However, due to the need for newer surveys, there was now a need for more trees to be cut. As provided by the LiveLaw, SG Tushar Mehta had said–

“It is a lacuna but it was bonafide. The intention was not to overreach.”

“The map shows that the same number of trees have now come on the ramp and they want to cut it. Earlier they said the trees didn’t fall in the project and now they renumbered those. The area has not changed. What has changed is their desire to cut more trees.”

Responding to this, Senior Advocate CU Singh had added–

“It is based on complete falsehoods. They’re saying that in December 2022 they didn’t have survey so they couldn’t tell how many trees were to be cut. In March and July 2022, a detailed survey was done and they got permission for only trimming of branches.”

Senior Advocate Gopal Sankarnarayanan, additionally said that complete fraud had been played on the court.

The bench noted that MMRCL’s affidavit averments indicated that it was aware that the Supreme Court’s order was still in effect and yet acted in violation of the order. Keeping this mind, the bench found it necessary to penalize the MMRCL for its conduct and directed it to deposit ₹10 lakh with the Chief Conservator of Forests. Thus, the bench ordered the following, as reported by the LiveLaw-

“We are constrained to observe that MMRCL has made an attempt to overreach this court…It was improper on part of MMRCL to move tree authority to fell any trees in excess of 84. Instead, the correct course of action would have been to move this court. It would be necessary for us to penalise MMRCL for its conduct.”

The bench expressed frustration at the fact that the superintendent of gardens and trees officer had given permission to fell 177 trees in defiance of the top court’s order.

“You people think you can Supreme Court for a ride. You cannot overreach the court. Officer of MMRCL should also be sent to jail. Ask CEO of MMRCL to be present in court,” the CJI said, as per the BarandBench.

The Court further remarked that both the MMRCL and Brihanmumbai Municipal Corporation (BMC) were in contempt of the court, as provided by the BarandBench. However, the bench further stated that staying the tree authority’s decision of March 15, 2023, which permitted the felling of 177 trees for the Metro Line 3 car-shed ramp at Aarey Colony, would result in the halting of a public project that had already begun. As a result, the court observed that-–

“We modify the previous order and allow MMRCL to act in compliance of tree authority decision of March 15, 2023 and fell 177 trees. MMRCL shall deposit 10 lakhs to the Chief Conservator of Forests and the conservator should ensure all afforestation as directed is completed. We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. The report should be submitted in 3 weeks.”

It is essential to be noted here that till date, 2,144 trees have been felled at Aarey for the car shed while 212 trees were felled for the ramp.

Background of the case

The Court was hearing a suo-motu plea against the construction of a metro car shed as part of the Mumbai Metro Rail project in the Aarey area, which is one of the city’s major green lungs. On October 7, 2019, the Court ordered the Maharashtra government not to cut any more trees in Aarey and to maintain the status quo. Nonetheless, the court allowed the MMRCL to pursue its February 2019 application for permission to fell 84 trees, reasoning that this was necessary for a shunting site/ramp, without which the overall metro project would be meaningless. The MMRCL, inspite of the order, had applied to cut down 185 trees.

A Public Interest Litigation (PIL) was then filed in the Bombay High Court after the superintendent of gardens and trees officer granted permission to fell 177 trees and transplant 53 trees on the condition that 1,533 trees be replanted.

On March 31, 2022, the Bombay High Court had restrained the Mumbai Metro Rail Corporation from felling 177 trees at AareyForest without the MMRCL seeking a clarification from the Supreme Court. A division bench comprising of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne had reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to consider removal or non-removal of only 84 trees. The MMRCL had claimed that since their request before the Supreme Court was from the year 2019, many shrubs had grown into wild trees and they required to be axed.

The order of the Bombay HC can be read here.

The matter then reached apex court by way of the present application.

Related:

Protests on attack on JNU students: Mumbai police withdraws case against 36 protesters

Protest in ‘Struggle To Save Aarey ‘ in Mumbai

SC forbids Mumbai Metro from cutting trees in Aarey colony

Metro car shed to shift from Aarey forest to Kanjurmarg

Bombay HC stays order shifting metro car shed

Truth prevails! Maha govt to declare parts of Aarey as reserved forest

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Protest in ‘Struggle To Save Aarey ‘ in Mumbai https://sabrangindia.in/protest-struggle-save-aarey-mumbai/ Fri, 26 Aug 2022 03:10:16 +0000 http://localhost/sabrangv4/2022/08/26/protest-struggle-save-aarey-mumbai/ On 21st August, A protest demonstration was staged at Picnichen Spot, Opp Shaheed Birsa Munda Statue, Aarey forest, Mumbai. It opposed the present Maharashtra Government of Shinde-Fadnavis in installing Metro 3 depot at Aarey and to project the truth behind depot politics and land scam. More than 500 persons protested, from a broad strata of society.. […]

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Aarey

On 21st August, A protest demonstration was staged at Picnichen Spot, Opp Shaheed Birsa Munda Statue, Aarey forest, Mumbai. It opposed the present Maharashtra Government of Shinde-Fadnavis in installing Metro 3 depot at Aarey and to project the truth behind depot politics and land scam.

More than 500 persons protested, from a broad strata of society.. Students,  Dalits,  Adivasis and activists of many NGOs, Political Parties. and social organisations. participated. The main participant was Army. An important role has also been played by activists of Disha Students group, Naujwan Bharat Sabha and Bigul Mazdoor dasta like Avinash Bittu and Baban.

Around three weeks ago being embarrassed to the core  from the growing youth protest, the fascist Shinde-Fadnavis government issued instructions to brutally subvert  every initiative  to organize people against the illegal destruction of Aarey Forest.

Avinash, a first year M.A. student of Philosophy from Mumbai University and member of Disha Students’ Organization and Dr. Pooja, an occupational therapist and member of Progressive Doctors’ League, both constituent organizations of the Save Aarey Joint Action Committee hade been detained at Aarey Police Station along with 11 other local residents and environmental activists.

THE TRUTH BEHIND THE DEPOT POLITICS

  • The Kanjur depot plot measures 41 ha (102 acres).
  • If an integrated depot for Line 3, 6 and upcoming Line 4&14 is planned at Kanjur, then the entire plot will be consumed by the Metro. This also eliminates the need for Aarey or land in Thane.(pg48)
  • If Metro 3 depot plot is shifted to Aarey and Line 4 uses land in Thane, then Metro 6 only requires 15 ha (37 acres) leaving the balance area of nearly 26ha (65 acres) open to residential and/or commercial development.
  • Denying Kanjur land for Metro 3 paves the way for the exploitation of balance areas of the plots in Aarey and Kanjur under the disguise of ‘ancillary development’. The plot chosen in Thane also becomes vulnerable. (pg 32-33)
  • An area of 165 ha in Aarey has also been exempted thus adding more lands to be exploited (pg 8,9)
  • Taking into account the available FSI, the plot areas of Aarey and Kanjur and the current ready reckoner rates, the monetary potential of just these two plots touches One lakh crores!

Thus Aarey became the egg  or hub of this real estate extravaganza.

Unfortunately this scam which will only benefit a few, has been used to stall the work of critical metro lines and delaying them.

The people backing this distorted decision are answerable if it is in Mumbai’s interest to

  • Forfeit an important forested area like Aarey?
  • Suffer delay in completion of the Mumbai Metro network?
  • Deprive Mumbaikars of better connectivity between the various lines and dismantle the

Convenient linkage of suburbs like Powai, Thane, Badlapur to Western suburbs and South

Mumbai

  • Suffer loss of land, time and hard -earned taxpayers money.

What is the motive behind this? Thirst for Profits to quench greed for the real estate groups and associated lobbyists?

_Slogans were vociferously raised ’Stop LiesToSupremeCourt  ,‘SaveAareyForest’   ‘Save Indigeneous People’  ‘SaveAdivasis ‘  ‘Adivasi LivesMatter’   ‘SaveMumbaikar ‘ SaveAaarey ‘Save Nature ‘ ‘ShiftMetroCarShed3ToKanjurMarg’,  ‘AareyDepotIs LandScam ‘  ‘JaiBhimLalSalaam’  ‘Inquilab Zindabad

Background to ‘Save Aarey.Movement

The struggle to save Aarey Forest has been going on for a considerable period time now and the movement has received support from individuals and organizations encompassing the country and the world At its current stage, an obstacle is created by from the Environmental approach of NGO’s of several individuals, many of whom happily continue to blow their trumpet n their social media profiles of having received awards from Uddhav Thackeray and Devendra Fadnavis. For these people, ‘environmentalism’ is a business – they raise funds for their ‘activism’ from various corporates, resort to crowd funding if the issue is a popular one and also ‘partner’ with the government whenever possible. They simply fail to gauge the base of bankruptcy of ruling class politics. The movement’s seeds were planted in response to the State deciding to allot public hand in order to benefit a handful of capitalists and real estate barons. The ‘metro car shed’ in Aarey is a façade which allows the state to pretend as if the project is in public interest when the real purpose is in fact to allow the builders and developers to come in through the backdoor. The lives of over 1100 species of plants and animals hang in jeopardy  to allow them to develop luxury apartments providing great aerial views of Sanjay Gandhi National Park, facilitating  the rich the pleasure of living ‘close to nature’. Each such flat will sell for Crores of rupees making every tree felled and animal killed for the purpose worth the effort. It is because such powerful interests are at stake that this plan has crystallised in such a determined and organized manner, despite all government reports and public protests advising against the measure. In their thirst for power, each party – whether it is the BJP, Shiv Sena, MNS, Congress, NCP, or VBA – cut throats of each other projecting itself as the superior alternative.. These parties never promote welfare for the environment. Their “concern lays only within the boundaries of their material interests. No matter which party reaches to the chair the funds which steer them to power invariably comes from the wealthy – the capitalists, builder-developers, corporates and real estate moguls. As soon as they gain seat of power, they will first try to appease their bosses – those capitalists who have patronised them to reach this destination – and in fact, that is their only purpose. They get to enjoy the privileges of power only so long as they are faithfully bootlick their bosses (and this is precisely what happened when the Fadnavis government came to power). Once the political class takes a decision to please it the task of enforcing this decision falls on the executive .Here the police intervenes s to ensure that the dictates of the ruling class are obeyed and that all voices of dissent are suppressed. In such a situation, all foolish tactics such as as garlanding, pleading, giving roses to or prostrating before the police are purposeless.

In addition to such stupidity, some “NGO environmentalists” endorse great faith in legalism and seriously believe that the courts will come to their rescue. When the movement is steered on the course of independent political direction and the people are united, the authoritarian behaviour of the judiciary is checked and the courts act in people’s interest. However, when the movement is weak and confused as it is now, it is clear to even the layman that the court will mainly act to crush any remnant of the movements or stall until such a point where it basically achieves its goal and the legal fight is rendered baseless. Only by establishing the power of the people can the movement can succeed. As of today however, the movement is veering towards the opposite direction. The NGO Environmentalists, following the doctrine of “An enemy’s enemy is a friend” is looking to appease as many opposition political parties as it can. But the truth is that every political party which has come to power in Maharashtra has endorsed the destruction of the Aarey forest! Even though some parties may make claims to support the movement to Save Aarey at present it is important to remember the history of these political parties’ actions when in power in the past .The nexus between the BJP, Congress and ShivSena in executing many a project jointly is an ideal illustration in recent decades.

Democratic intellectuals need to be brought in the forefront of this struggle .Workers  and peasants must grasp the inter relation between such developments and their day to day lives and its link with liberalisation and globalisation.. The focus in the movement is in garnering forces to confront the neo-fascist BJP.Postive to witness how the ruling calluses are shaken by the youth protests of ‘Save Aarey.’ agitation.

Harsh Thakor is a freelance Journalist who covers mass movements all around the country.

Courtesy: https://countercurrents.org

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SC forbids Mumbai Metro from cutting trees in Aarey colony https://sabrangindia.in/sc-forbids-mumbai-metro-cutting-trees-aarey-colony/ Wed, 24 Aug 2022 12:15:57 +0000 http://localhost/sabrangv4/2022/08/24/sc-forbids-mumbai-metro-cutting-trees-aarey-colony/ Matter to be heard on August 30 as counsel for the Maharashtra government sought time to collate documents

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Save aarey

On August 24, 2022, the Supreme Court directed the Mumbai Metro rail Corporation Ltd. (MMRCL) to strictly abide by its undertaking that no trees would be cut in Mumbai’s Aarey colony and warned that any violation will result in strict action, reported the New Indian Express.

The 3-judge bench comprising Justices UU Lalit, SR Bhat and Sudhanshu Dhulia, reportedly said, “The counsel for MMRCL submits that her clients have already filed an affidavit that no trees have been or would be cut in any manner. The said undertaking by the MMRCL director has already been taken on record and MMRCL shall be strictly bound by the same.”

The Court was informed by Senior Advocate Anitha Shenoy appearing for the petitioner that the clearing and levelling work had begun despite the top court’s order. In 2019, the MMRCL had told the Supreme Court that no trees had been cut in Mumbai’s Aarey colony after October 2019.

The apex court in 2019 had reportedly taken suo motu cognisance of a letter petition addressed to the then Chief Justice of India by a law student seeking a stay on the felling of trees in the Aarey colony. The top court had restrained the authorities from cutting any more trees in the Aarey colony after the solicitor general had submitted on behalf of the state of Maharashtra that no further trees will be cut.

The Bombay High Court in October 2019 refused to declare Aarey Colony a forest and declined to quash the Mumbai municipal corporation’s decision to allow the cutting of over 2,600 trees in the green zone to set up a metro car shed.

Related:

Metro car shed to shift from Aarey forest to Kanjurmarg

Bombay HC stays order shifting metro car shed

Truth prevails! Maha govt to declare parts of Aarey as reserved forest

 

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Metro car shed to shift from Aarey forest to Kanjurmarg https://sabrangindia.in/metro-car-shed-shift-aarey-forest-kanjurmarg/ Mon, 12 Oct 2020 07:50:54 +0000 http://localhost/sabrangv4/2020/10/12/metro-car-shed-shift-aarey-forest-kanjurmarg/ Forest dwellers and activists rejoice as Maharashtra government decides against plundering the Aarey forest any more, cases against forest rights activists also dropped

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Image Courtesy:newindianexpress.com

Chief Minister Uddhav Thackeray has scrapped the construction of a metro car shed at Aarey forest and shifted the project to Kanjurmarg, a month after declaring over 800 acres of Aarey Milk Colony a reserved forest. Thackeray said that development had to be reconsidered with a focus on ecology, climate change, and rise in temperature. “We need to take a relook at the development we want,” he said.

“Biodiversity in Aarey needs to be conserved and protected. Nowhere in the world there is an 800-acre jungle in the heart of a city,” the Chief Minister said.

His son, Environment Minister Aaditya Thackeray, expressed a similar sentiment in his tweet.

 

CM Thackeray further said that the government approved the merger of two metros, the underground Metro 3 for Colaba-Bandra-Seepz and the overground Metro 6 for Vikhroli-Lokhandwala, with a common car shed on 41 hectares in Kanjurmarg. Further, he assured that the near Rs. 100 crore spent on construction and the building standing at the site will be put to good use so that money is not wasted.

Moreover, he said government land in Kanjurmarg would be given free of cost. Meanwhile, construction of an electric substation and a tunnel that connects Metro 3 and Metro 6 would be done at Aarey.

Additionally, the Cabinet decided to take back the cases registered against protesters who had denounced the Aarey project and the felling of trees.

The Kanjurmarg announcement surprised the Delhi Metro Rail Corporation (DMRC) who had been asked to undertake a feasibility study for the Goregaon Pahadi site one of the two alternative sites shortlisted by the state government.

“This was exactly what was suggested in 2015 but rather than implementing it at that time, the government circulated false stories of the land parcel at Kanjurmarg being under litigation. This 41-hectares land is free of any encroachment or litigation and is in government’s possession,” Zoru Bhathena, an environmental activist told the Times of India.

The Kanjurmarg land along the Eastern Express Highway, is currently used for cultivation. On October 11, officials began soil testing and barricading of the area. Although the land comes under CRZ, the area has no mangroves, activists said. Moreover, they said there was a plan to merge Metro 3 and 6 in October 2015 as well.

Bhathena thanked the government and called the decision a “miracle.”

“We were never against the metro line or anti-development but were fighting to save a green lung,” he said.

The news has brought much joy to the forest-dwellers and rights activists like Teesta Setalvad who have been fighting for the preservation of Mumbai’s lungs.

 

 

 

 

 

 

However, former CM Devendra Fadnavis, who had favoured the Aarey site and whose government had subjected pro-environment protesters to police action, tweeted that the decision was taken just to satisfy someone’s ego and would lead to a cost escalation of Rs 4,000 crore.

 

He pointed out that Kanjurmarg’s marshy land would delay the project indefinitely and said the Rs 400 crore already spent on the Aarey car shed would go down the drain.

Related:

Truth prevails! Maha govt to declare parts of Aarey as reserved forest
Give forest rights not tiger reserves: Van Gujjar forest-dwellers in Uttarakhand
Env group asks Guj gov’t about land acquisition for bullet train project
Young Activists, residents of Aarey celebrate Rakshabandhan by tying rakhis to trees

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Truth prevails! Maha govt to declare parts of Aarey as reserved forest https://sabrangindia.in/truth-prevails-maha-govt-declare-parts-aarey-reserved-forest/ Fri, 04 Sep 2020 04:14:21 +0000 http://localhost/sabrangv4/2020/09/04/truth-prevails-maha-govt-declare-parts-aarey-reserved-forest/ Forest rights activists applaud and praise the government for its plan to declare 600 acres of land as ‘reserved forest,’ vindicating their 7-year-long battle

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Image Courtesy:oneindia.com

The Maharashtra government on Wednesday decided to declare 600 acres of Aarey land as ‘reserved forests’ by applying Section 4 of the Indian Forest Act, much to the joy of forest rights activists in Mumbai.

As per Section 4, a Forest Settlement-Officer will be appointed for the 600-acres of reserved forest to look into the nature, extent and existence of rights of any person living in the area.

According to a Twitter thread by Environment Minister Aditya Thackeray, the decision will be carried out in two phases, the first of which deals with the 600 acres of intact forests and the second phase will consider additional, open forest land.

Although neither of these phases will consider the metro car shed near the Mithi river, the news has overjoyed activists who have been fighting for forest rights for the last seven years. However, in the past different people from various walks of life have come together to protect this green-pocket of the metropolitan city. Youngsters have even sung songs about the need to protect this land.

“If Covid wasn’t here we would have gone out and celebrated the government decision,” said Adivasi activist Prakash Bhoir who lives in Aarey forest.

He thanked the Environment Minister Aditya Thackeray, for assuring the protection of Adivasi rights and allowing them to continue living in the forest. He hoped that the government would include the 27 Adivasi settlements in the 600-acres of land.

“I always say that any decision to protect Mother Earth is always correct. After last year’s tree-cutting I had thought that nature would never forgive us. Hopefully now, we will be forgiven,” said Bhoir, referring to the cutting of 2,700 Aarey trees on October 4, 2019 to make way for the Mumbai Metro project. As many as 29 people were arrested at that time for protesting against the felling of trees.

Young activist Manisha Dhinde, who was among those arrested last year, also celebrated the State government’s decision of reserved forest land.

“Last year, I got an ATKT because I was fighting for my homeland. Today, after hearing the government’s decision I feel my sacrifice was justified,” said Dhinde.

She said she was happy that Thackeray had promised to protect Adivasi rights, allowing residents to do farming on their land. She hoped that the decision would also help with the metro car shed issue.

Member of Aarey Conservation Group Amrita Bhattacharjee reinforced this optimism, arguing that there is no need for a metro car shed in an area that has now been declared as a forest. She said that such a construction project could lead to flooding since the metro carshed land serves as the catchment area for Mithi river and Oshiwara river. Moreover, as per the Forest Rights Act, any area declared as a forest gives land rights to the Adivasis living there.

“What we need to see now is how this decision is implemented. Development doesn’t just mean concretisation,” she said.

She said that the recent pandemic has reminded everyone about the importance of green spaces in the city. The citizens should therefore demand forest protection from the administration. Democracy is after all, for the people, by the people and of the people, she said.

When asked about the remaining 700 acres of land that has not been declared as a forest area she said that the second phase of the initiative will look into it.

Director for Vanashakti Stalin D. agreed with her, stating that the phasing intended to protect the ‘good’ land.

“While conducting surveys on Aarey forest, they saw that 600 acres of land was still good and untouched by development activities. Therefore, the first phase immediately protects that land. The next phase will look into the degraded forest area,” said Stalin.

Unlike Dhinde and Bhattarcharjee, Stalin said the decision could not help with the metro shed issue since that dealt with the catchment area near Mithi river. Nevertheless, he applauded the decision and the Maharashtra Vikas Aghadi (MVA) coalition.

He said that the State government had long refused to acknowledge Aarey as a forest. Even after the Supreme Court verdict last year stating the same, the government had not acknowledged the forest. With the recent decision, he felt the State has finally faced the truth.

“After being trolled, abused and accused for years by paid misguided elements of the previous Govt, this piece of happy news is welcome to us! Seven years of effort has not been in vain after all. The Metro car shed issue still remains unsolved but we are hopeful it being resolved soon. Rejoice Mumbai, you just got news of 600 acres of Forest being recognised as your asset. Lots of work to be done but for now, we savour this moment of happiness. AAREY IS A FOREST … period,” he said.

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Maha CM orders withdrawal of FIRs against Aarey protesters https://sabrangindia.in/maha-cm-orders-withdrawal-firs-against-aarey-protesters/ Mon, 02 Dec 2019 10:47:58 +0000 http://localhost/sabrangv4/2019/12/02/maha-cm-orders-withdrawal-firs-against-aarey-protesters/ The newly appointed Maharashtra CM Uddhav Thackeray has said that he has ordered the withdrawal of FIRs made against those booked for protesting the felling of trees in the disputed Aarey Colony.

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aarey activist Pramod Thakur/HT PHOTO

 

FIRs to be withdrawn

This news comes three days after Thackeray ordered Mumbai Metro Rail Corporation (MMRC) to stop work on the Mumbai Metro car shed in the Aarey region, and only four days after the CM took oath.

On October 4, 38 people were booked for protesting against the authorities’ move to cut trees immediately after the Bombay High Court dismissed a series of petitions to stop the work and give it the status of a forest.  29 protestors were arrested but granted conditional bail.

The CM has declared that no cases will be pursued against them. Media reported Thackeray saying, “Two days back, I ordered a halt on the Metro car shed in Aarey Colony. Some people had come there to protest against the tree-cutting and cases were filed against them. I have given orders to withdraw all the cases. So, there will be no cases against them.”
 

The booked protestors

The night of the felling saw a diverse bunch of people standing up for the forest. Students, housewives, adivasis had gathered at Aarey to act on the instinctual urgency of protecting the city’s green lung.

Manoj Kumar Reddy, a booked protestor relayed the story of the night of the felling to the media. More than 100 people were lathi-charged by the police, shoved into a police van and detained overnight.  Shiv Sena Corporator Sheetal Mhatre and party leader Priyanka Chaturvedi were among those detained. 

The next day, 29 of the protesters were arrested, sent to Thane jail and slapped with a variety of non-bailable criminal charges, including Section 353 of the Indian Penal Code, assault of criminal force to deter a public servant from discharging duty.

In the Thane jail, the arrested protesters were made to were undergo all the routine procedures for jail inmates. “They cut our hair short, shaved our beards and even made us strip for a body check,” said Manan Desai, an environment blogger.

“I still have sleepless nights thinking about it,” said Swapna Swar, another accused that was arrested. She had to also stop logging on to social media because of all the trolling she has been subjected to since her arrest.

Another accused, Pramila Tai, spoke to CJP about being picked up for sitting at Birsa Munda Chowk and singing songs in protest. “They told us that if you do not listen now, we will charge at you with a stick,” she said. Tai was taken in on October 4 and only let go on October 6 at 4.30 pm.

One of the booked protesters Swapnil Pawar had said, “At the police station, they refused to answer our questions, did not allow us to make phone calls and kept saying we would be released in the morning.”

Today Pawar said to the media, “A friend just called to say that he saw on TV that the FIR will be withdrawn. I was in tears hearing this. I am extremely happy and satisfied as we are not criminals but fighting for the environment.” The accused have had to visit the police station twice a month on alternate Wednesdays.

Alternative site found?

On December 1, NCP leader Nawab Malik said that the Thackeray-led government has suggested the Goregaon RPF parade ground to be used as an alternate site for metro car shed. Malik said, “Goregaon RPF parade ground is a 102 acre land where only marriages happen. We have put forth the suggestion to construct the car shed here in the Maharashtra Assembly.”

“We have given a suggestion in Vidhan Sabha and to the Chief Minister to build a car shed in Goregaon’s RPF Parade ground. Uddhavji has given assurance to discuss this in a meeting and resolve this matter,” Malik reportedly said to the media.

Additionally, the Press Trust of India reported CM Thackeray saying that he has ordered a review of the Mumbai-Ahmedabad bullet train along with all other on-going development projects in the state. Maharashtra had committed to a capital expenditure of Rs 5,000 crore for the project, which is expected to cut travel time between Mumbai and Ahmedabad to two hours. 

Before the Supreme Court stayed felling more trees to build the metro car shed in the area, around 2600 trees were cut down by Mumbai Metro Rail Corporation Limited (MMRC). The Mumbai metro body had told the court at the time that they have already cleared the land they require and will not need to cut down more trees for the project. The Supreme Court had not banned the work on the car shed.

 

Related:

Uddhav Thackeray stops tree cutting at Aarey
Understanding the Aarey issue #SaveAarey
A Tryst with Aarey: October 10, 2019
A tale of greed and cowardice: Trees cut in Aarey in the dead of the night!
Unstoppable! Mumbai’s Struggle to save its lungs: Key Issues you need to know!
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Crash course in being crass? Mumbai Police puts up intimidating posters at Aarey https://sabrangindia.in/crash-course-being-crass-mumbai-police-puts-intimidating-posters-aarey/ Tue, 12 Nov 2019 08:49:45 +0000 http://localhost/sabrangv4/2019/11/12/crash-course-being-crass-mumbai-police-puts-intimidating-posters-aarey/ Posters came up last Sunday threatening people against gathering; this sort of poster amounts to intimidation at its worst

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Aarey police

In what seems to be a first, the Mumbai Police has put up posters all over the Aarey forest intimidating people that it will use force in case they witness a gathering on people in the area.

A tweet put up by Aarey activist Zoru Bathena shows the poster put up by the police.

 

Speaking to Sabrang India he said, “I’ve heard that these posters have been put up at other venues as well. Aarey has always been a hub of protests. It also had a part to play during the 1992 Mumbai riots, and the posters could have been put up keeping in mind the Ayodhya verdict after Section 144 was imposed in Maharashtra. Having said that, the language used is very crass and crude and does not reflect the spirit of the Mumbai Police.”

 We also spoke to Sahil Parsekar who has been a continuous fixture in the Aarey protests who said that, “Section 144 was imposed in Mumbai in light of the Ayodhya verdict, but it ended on November 2. The poster was still there on Sunday, November 3 and the police used it to intimidate us activists in the name of Section 144. The order that they showed us clearly stated that the imposition of Section 144 had ended on Saturday itself. Police in civilian clothes has always been intimidating us since the protests against the felling of trees for the Metro car shed began. People respect the Mumbai Police and it is very unbecoming of the department to use such language to threaten the people from protesting for the right cause.”

Activists Radhika Zhaveri and Asha Bhoye said that they didn’t have complete information in the matter yet.

The #SaveAareyForest protest intensified after the ruling BJP-led government gave the sly permission to fell more than 2,141 trees to make space for the Metro 3 car shed. The move saw ferocious, yet peaceful protests from the Adivasis living in Aarey and they gained massive support from the public against the government who destroyed the green lungs of Mumbai.

Related:

A Tryst with Aarey: October 10, 2019
Aarey Adivasis seek forgiveness from felled trees
Aarey Adivasis Pray, Mourn & Remember
#SaveAarey protest: SC to hear matter Suo Motu,: 29 protesters released on bail
Stop Felling of Trees in Mumbai’s Aarey until further Orders, release activists: SC
Aarey: Tree-cutting continues, sec 144 imposed, protesters arrested and denied bail
A tale of greed and cowardice: Trees cut in Aarey in the dead of the night!

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Celebrating Diwali as a Sikh girl and why I can’t this year https://sabrangindia.in/celebrating-diwali-sikh-girl-and-why-i-cant-year/ Fri, 25 Oct 2019 10:58:32 +0000 http://localhost/sabrangv4/2019/10/25/celebrating-diwali-sikh-girl-and-why-i-cant-year/ As for me, I may light one single diya to say a prayer for Kashmir, for Aarey, for all the wrongs that have befallen people around me. I would only make one resolve- to clean out not just the house, but also the minds of as many people as I can. This year, we need […]

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As for me, I may light one single diya to say a prayer for Kashmir, for Aarey, for all the wrongs that have befallen people around me. I would only make one resolve- to clean out not just the house, but also the minds of as many people as I can. This year, we need to come home to our own kindness and humanity before we celebrate Diwali, together, as always.

Diwali
Representation Image

Diwali in my house was never a loud affair. I do remember other children bursting crackers in the street but I was always too scared because I had seen a Bollywood movie where the heroine lost her eyesight because she lighted up an anaar (aka flowerpot cracker) from too close. It was just as well. My mother is an asthmatic and my father had his notions of Green Diwali before anyone was talking about environmental consciousness. We would go to the Gurudwara and light some candles around the Nishan Saheb. I would make it a point to re-light candles that had gone out, perhaps believing the prayers attached to those candles would not be answered unless they were lit.

We had a chapter in our Punjabi textbook that told us about the significance of Diwali for Sikhs. We had known about the Hindu festival and why it was celebrated in great measure because of TV programs, but no one had taken the time to really explain the Sikh historical significance until we read that chapter. Also known as Bandi-Chhor Diwas, Diwali celebrates the release from prison of the sixth guru, Guru Hargobindji, and 52 other princes with him, in 1619. According to Sikh history, Guru Hargobindji and 52 princes had been imprisoned by Emperor Jahangir. The emperor decided to release Guru Hargobindji, but the Guru insisted that the princes be released with him too. The Emperor agreed, but said only those who could hold onto his cloak tail would be allowed to leave the prison. This was in order to limit the number of prisoners who could leave.

However, Guru Hargobindji had a cloak made with 52 pieces of string and so each prince was able to hold onto one string and leave prison. Sikhs celebrated the return of Guru Hargobindji and the princes by lighting diyas all over the Golden Temple and the tradition continues till today.

This story added new insight to Diwali celebrations for me, and as I went on to leave home at the age of 15, Diwali also changed. Every year, there would be a rush to book tickets and arrange leaves to go home for Diwali. Our college in Manipal, Mangalore, would organize a grand Diwali party 10 days before actual Diwali so that students and teachers could celebrate together before they all left for their respective homes. Students and teachers from multiple religions and nationalities would come together to dance, play games, share a meal, and light diyas all around the college campus. Going home was a costly and lengthy process for some of us, and we would often stay behind in the hostel. The girls hostel had no open spaces at night except one long balcony. We would all line up there huddled together, watching the sky for fireworks.

Last year in Mumbai, another nostalgic kindred spirit decided that Diwali should never be a lonely experience for anybody. With help from a local resident, whose house became the venue, they threw a Diwali party for anyone who was alone and away from home in Mumbai. They had created a Facebook event page and everybody was welcome. 30-40 friends and strangers piled into the organizers’ house on Diwali eve. Students, professionals, people of all ages came together to make their Diwali away from home, a beautiful experience of community and togetherness. It is important to note that the organizer was a Muslim student, Hasan Baldiwala, and the venue was provided by a Sikh actor, Taranjit Kaur. How could anyone be cynical about religious harmony when such heart warming stories exist?

This year, for me, things have become much darker. I see the pain of a blacked-out Kashmir, I am hearing stories of people losing loved ones and finding out about it a month later because they couldn’t communicate with anyone. No celebration seems apt in these dark times. We talk about not bursting crackers for the sake of environment and animals, on social media, but we know, come Diwali, there will be crackers and loud music everywhere. People will celebrate in their own ways.

As for me, I may light one single diya to say a prayer for Kashmir, for Aarey, for all the wrongs that have befallen people around me. I would only make one resolve- to clean out not just the house, but also the minds of as many people as I can. This year, we need to come home to our own kindness and humanity before we celebrate Diwali, together, as always.
 

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