Mumbai, July 14, 2026: The Bombay High Court on Tuesday told the Brihanmumbai Municipal Corporation (BMC) that it must first remove widespread encroachments around a pond in Charkop, Kandivali (West), instead of seeking permission to build a gabion wall to protect it.
Asking the corporation to take a definite and firm stand against encroachments, the court observed that illegal constructions pose the biggest threat to the pond and nearby mangroves, and the civic body must tackle the “root cause” before undertaking any conservation work.
Court Questions BMC Proposal
A Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing a petition filed by the BMC in 2021 seeking permission to carry out conservation and beautification of the existing natural pond at Charkop Sector 7.
The proposed project requires the High Court's approval as it falls within the 50-metre buffer zone of mangroves, although the BMC has already obtained clearances from the Maharashtra Coastal Zone Management Authority (MCZMA), the Mangrove Cell and the State Environment Impact Assessment Authority (SEIAA).
The Bombay Environmental Action Group (BEAG) had opposed the proposed gabion wall, contending that it would obstruct the natural ingress and egress of water and adversely affect the mangroves.
During the hearing, the BMC submitted photographs showing large-scale encroachments around the pond. After examining the images, the Bench asked why the corporation wanted to construct a gabion wall before clearing the illegal structures.
“Remove all these encroachments and then address us on the gabion wall,” the Bench told the BMC.
The BMC's counsel submitted that the wall was intended to protect the pond. The Acting Chief Justice, however, asked, “By making encroachments thrive?”
Bench Stresses Encroachment Removal
The court observed that allowing encroachments to continue would only worsen the destruction of the mangrove ecosystem. “Encroachments will gradually start eating up the mangroves and spread constructions in a vicious cycle,” the Bench said. The judges added that the corporation should “remove the root cause”, after which “mangroves will naturally start growing”.
The Bench also expressed concern over photographs showing construction debris dumped around the pond. “They can't do it because we are seeing washbasins and commodes being thrown here. Somebody renovated his bathroom and brought down all the unwanted debris and threw it here... All sanitary fitments, tiles, commodes, washbasins...,” the court remarked, terming it a “grim sight”.
Stressing that the protection of mangroves depends on removing illegal occupations, the judges observed, “If mangroves are to be protected then encroachment has to be removed... mangroves to thrive.”
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The Bench also called upon the civic administration to act decisively. “We expect the Commissioner of the Municipal Corporation to take a definite and firm stand. Let one corporation stand up against encroachments,” it said.
The BMC sought time to obtain instructions from the civic authorities. The matter has been posted for further hearing on July 21.
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