HC seeks state, BMC’s response to PIL seeking sustainable development | Mumbai news

MUMBAI: The Bombay high court on Wednesday asked the Maharashtra government, the Brihanmumbai Municipal Corporation, the Maharashtra Pollution Control Board (MPCB) and the Central Pollution Control Board (CPCB) to reply to a public interest litigation (PIL) calling for sustainable or carrying-capacity-based development in Mumbai.

The petition, filed by the nonprofit Conservation Action Trust, stated that development can be sustainable only if it is based on the assimilative capacity of the natural and built environment. It added that a carrying-capacity-based model assesses the existing environment and infrastructure to determine if it can withstand more stress and, if so, to what extent.

Carrying capacity refers to the maximum number of people an area’s environment can support through optimum utilisation of the available resources. It is indicative of the intrinsic link between town planning, human development, and environmental preservation.

“Apart from the health-related risks in living in an area developed beyond its carrying capacity, there are also risks posed to communities in ecologically vulnerable areas arising from climate change”, the petition stated. It added that the BMC’s Development Plan 2034 has liberalised the permissible Floor Space Index (FSI) to be used for construction in Mumbai without testing its sustainability through carrying capacity studies. The NGO alleged that the municipal corporation had only focused on the alleged benefits of promoting development.

The petition also said that despite the Maharashtra Regional and Town Planning Act, 1962, being broadly based on carrying capacity, the BMC deviated from the approach and permitted large-scale development in the city.

“This has been done without any consideration or regard for the ability of the natural and built environment to withstand such stressors, leading to an increase in pollution, the inability of civic amenities to take the load, and a decline in health and the standard of living of the citizens of the city”, it added.

Underscoring the health hazard posed by development beyond the environment’s assimilative capacity, the petition asserted that such degradation of the standard of living contravenes the rights protected under Article 21 of the Constitution. Article 21 protects the right to live with human dignity and the right to a healthy environment.

The NGO requested the court issue directions to the respondents to conduct surveys to encompass every facet of developmental activities, including air quality, drainage, and sanitation facilities, and their impact on climate change.

After hearing the petitioner’s arguments, the division bench of chief justice Alok Aradhe and justice MS Karnik agreed that it is important to conduct a survey to analyse the comprehensive carrying capacity in Mumbai and consider the same while preparing and sanctioning the city’s next Development Plan.

After issuing notices to the respondents, the court posted the matter for further hearing after four weeks.