The main legal point established is that PILs should be based on genuine concerns and not motivated to stall development.

JUDGMENT

Pradeep Nandrajog, C.J. - On 11th September, 2019 the matter was reserved for judgment requiring parties to file written submissions within two days.

2. None have been filed.

3. Case pleaded in the Public Interest Litigation is that 6 Hectare land situated between Sector 18 and 19 Kharghar, Navi Mumbai, District - Raigad is a water body due to it being connected to the main Panvel Creek. In other words, as per the writ petitioner, water flows from the Panvel Creek into the depression in the 6 Hectare of land, resulting in a pond being created.

4. Referring to the Environment (Protection) Act, 1986 and the Wetland (Conservation and Management) Rules, 2010 framed thereunder, it is pleaded that the land be declared as a Wetland and protected. It is pleaded in the PIL that debris is being dumped in the land. It is pleaded that 90% of the water body has already been encroached upon.

5. The land admittedly vests in City Industrial Development Corporation of Maharashtra Limited (CIDCO).

6. In the reply filed by CIDCO, it is pleaded that the subject land was comprised in the revenue estate of village Owe, Kharghar and Taloja. Vide notification dated 20th March 1971 land in said villages was notified for development, which included the subject land. It is pleaded that no pond ever existed. By way of compensation to the owners of the subject land, as per law, 12% of the developed land was handed over. It is denied that the subject land was connected to any Creek. With reference to the revenue record, it is pleaded that the land is jirayat, meaning thereby, only during monsoon water would accumulate in the land which was cultivated during the non-monsoon seasons. The pleading obviously is that there is a slight depression in the land where water accumulates only during monsoon.

7. In the rejoinder filed, the Petitioner has not traversed the averments made by the CIDCO in the counter affidavit and has chartered a different route. Referring to the decisions which highlight the importance of Wetland in the eco system, it is pleaded that the Supreme Court directed identification of Wetlands in India under the Wetland (Conservation and Management) Rules 2010. It is pleaded that it is the duty of the authorities to notify Wetlands.

8. In view of the rejoinder filed wherein it is pleaded that after satellite imaging Wetlands need to be identified and declared Wetlands, an affidavit has been filed by the Sub Divisional Officer, Panvel annexing therewith a request made to the Director, Maharashtra Remote Sensing Application Centre by the Collector, Raigad to do the needful. Along with an affidavit filed by the Under Secretary, Urban Development Department, State of Maharashtra, letter dated 6th September, 2018 issued by the Maharashtra Remote Sensing Application Centre has been annexed as per which NWIA Atlas mapping was carried out during the year 2005 using IRS-1C LISS-III satellite data of 23.5m resolution as per which no Wetland was mapped either in Sector 18 or 19 i.e. at locations Latitude 19.047197 N, Longitude 73.079638 E.

9. Petitioner filed a rejoinder to the said affidavit filed by the Under Secretary, Urban Development Department, State of Maharashtra and pleaded therein that Indian Space Research Organization, Ahmedabad at Gujarat has done the necessary mapping and has given Wetland code 1200 and 1202 to man made Wetlands.

10. In response to the said affidavit, under cover of an affidavit filed by Sub Divisional Officer, Panvel, response received from the Director, Space Applications Centre (ISRO) on 22nd November, 2018 has been annexed as per which satellite mapping by ISRO did not detect any Wetland at the latitude and longitude referred to in the satellite image mapping by the Maharashtra Remote Sensing Application Centre.

11. From the pleadings and the documents filed along with the pleadings, it is apparent that the case initially projected by the Petitioner was that the Wetland was created on account of the land in ques