Mumbai News: NGT Rejects Activist’s Plea To Join DPS Flamingo Lake Case; Allows Fresh Application On Conservation Concerns

Mumbai: The National Green Tribunal’s Western Zone Bench has rejected a plea by activist Banda Nagaraj Kumar seeking to be impleaded as an applicant in an ongoing case regarding the death of seven flamingos near the DPS Flamingo Lake Wetland in Navi Mumbai, last year. The tribunal, meanwhile have allowed Kumar the liberty to the activist to file a fresh Original Application to raise his concerns if he wishes .

Kumar, had approached the NGT, after the tribunal, last year had taken a suo motu cognisance of the published news of the deaths of flamingoes which as per the environmentalists attributed to CIDCO’s alleged development activities near the wetland, including the construction of the Nerul Jetty.

Kumar is known for his active involvement in flamingo conservation. Kumar through his application had informed the Tribunal of the construction which had blocked tidal water flow to the southern end of the lake, affecting the fragile ecosystem.

In his application, Kumar sought the inclusion of additional respondents — the Environment Department of Maharashtra, the Municipal Commissioner of Navi Mumbai, and the Director of the Bombay Natural History Society — to ensure proper adjudication of the matter. As per the application BNHS has been known to submit a flamingo preservation plan to the government.

However, CIDCO had opposed his impleadment. In an affidavit filed on March 5, 2025, CIDCO submitted that the issues raised by the intervener were already sub judice before the Bombay High Court in PILs filed by NGO Vanashakti concerning mangrove handovers and the declaration of certain areas as protected wetlands under the Wildlife (Protection) Act, 1972. CIDCO argued that the DPS Flamingo Lake area is not officially designated as a wetland or ecologically sensitive zone but is classified as a salt pan in revenue records.

CIDCO’s counsel also contended that Kumar’s application attempts to broaden the scope of the original proceedings, which are narrowly focused on the cause of the flamingo deaths.

Agreeing with CIDCO’s submissions, the Tribunal noted that the Original Application (of Suo-Motu) had already reached an advanced stage and that introducing new parties and broader issues would not be appropriate. “It would be appropriate for the intervener to file separate Original Application seeking the reliefs separately,” the Tribunal stated in its order.

Meanwhile, the Tribunal also heard submissions regarding an affidavit filed by the Principal Chief Conservator of Forests (PCCF) on August 9, 2024, which includes recommendations by the Bombay Natural History Society (BNHS) towards the Flamingoes preservation.

CIDCO’s counsel, however, informed the Tribunal that they had not received a copy of the affidavit and sought time to file a reply. The Tribunal directed PCCF to furnish the CIDCO with the document, following CIDCO to file with its rejoinder in the same.The matter has been posted to July 11, for its final hearing.