Mumbai: Bombay HC on Tuesday said BMC must remove all encroachments before seeking its permission to put up a gabion wall to stop encroachments on a pond in Charkop.Acting Chief Justice (ACJ) Ravindra Ghuge and Justice Gautam Ankhad said they expect the BMC chief “to take a definite and firm stand”. “Let one corporation stand up against encroachments,” said the bench.The court was hearing BMC’s 2021 petition seeking HC’s permission to carry out beautification and conservation of the natural pond in Charkop’s Sector 7 due to the presence of mangroves. Bombay Environment Action Group’s advocate Karl Tamboly said wall would cut off ingress and egress of natural water and affect mangroves.BMC’s advocate Saket Mone said it would be a stone-pitched wall tied together by galvanised wires, like those on Mumbai-Pune Expressway and would be permeable. He submitted photos of the pond. “It is fully covered with slums from all sides. It is fully dumped with garbage,” he said.But the judges said, “Remove all these encroachments and then address us on the gabion wall.” Mone said BMC’s purpose is to conserve the entire pond. “By making encroachment thrive?” the ACJ retorted, adding that encroachments “will gradually start eating up the mangroves and start spreading constructions” in a “vicious cycle”. “Clear encroachments first.”Mone urged the court to allow BMC to “at least do some work, otherwise this pond will deteriorate”. The judges said BMC must “remove the root cause” after which “mangroves will naturally start growing”. “They can’t grow because we are seeing washbasins and commodes being thrown here… Grim sight,” said the ACJ, referring to the photos.HC adjourned the hearing to July 21 for BMC’s response.
