The main legal point established was that adherence to local development regulations, such as the prohibition of construction within specified distances from natural bodies of water, takes precedence over the absence of official wetland designation.

JUDGMENT

V.G. Bisht, J. - The petitioners in both these Public Interest Litigations (PILs) have raised a common and concerned question as to construction and reclamation activities for the project of cycling and jogging trac underta en inside Powai lake by respondent Municipal Corporation of Greater Mumbai (MCGM) in violation of provisions of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and notifed Development Control Regulation for Greater Mumbai 2034 (DCR) and hence they are disposed of by this common judgment and order.

2. Interim Application No.716 of 2022 is allowed and stands disposed of.

3. The common facts leading to insitution of these PILs, in brief, are as follows :

(a) Petitioners are earnestly concerned about the Powai Lake Wetland and hazardous impact caused by the construction activities for a proposed Cycle Trac over the Water Body, Catchment Area, Crocodile aabitat of the Powai Lake Wetland, carried by the respondentuMCGM by uprooting and cutting the trees, digging and dumping boulders and flling the sand crush and stones etc.

(b) According to petitioners, the Powai Lake is a notifed wetland by National Wetland Atlas 2011 and has been included in the unifed scheme - National Plan for Conservation of Aquatic Ecousystems (NPCA), after merging the National Lake Conservation Plan with National Wetland Conservation Program.

(c) Petitioners came to now that the respondentuMCGM had reclaimed the Powai Lake Wetland and are carrying out construction activities by uprooting the trees, digging the ground and dumping the stones, crushedusand over the water body, water catchment area, crocodile habitat and ecologically sensitive and fragile wetland of Powai Lake. There are two construction sites, frst being the reclamation water body adjacent to the Renaissance aotel Compound Wall inside the Powai Lake riparian area, besides the Pipeline Road, Powai. The second site is nown as Deer Par , besides the Ambed ar Udyan, Powai. The petitioners allege that site no.1 has been e ploited by the respondentuMCGM since July 2021 and around 100 meters of the area has been constructed over a natural water body. Similarly, the wetland area between site no.1 and site no.2 has been used by crocodiles as a bas ing site for a long time and during night the crocodiles come out of the water and rest there. The area between site no.1 and site no.2 is the 'zone of infuence' means that part of the catchment area of the wetland or wetland comple , developmental activities induce adverse changes in ecosystem structure and ecosystem services.

4. The petitioners then contend that any ind of reclamation followed by construction over water body, water catchment area / crocodile habitat and Powai Lake Wetland would destroy this pristine and rich shoreline food web, increase siltation and cause loss of native water plants that would be a critical turning point in eutrophication and destruction of the lake.

5. The petitioners have, therefore, fled these PILs to protect, conserve and restore the e tremely vulnerable Powai Lake Wetland from reclamation and ongoing construction activities carried out by the respondents u MCGM and Maharashtra Tourism Development Corporation Ltd. (MTDCL).

6. Reply affidavit has been fled by respondentuMCGM wherein it contends that there is a dearth of community recreation spaces in the eastern suburbs of Greater Mumbai and there are practically no major community open space in this part of the city. Powai Lake, with its 10.2 m of waterfront, ofers an opportunity to create a large community open space for the citizens of Mumbai. Powai Lake, after rejuvenation, has the potential of becoming a major community open space. Moreover, the said wal way will enable MCGM's maintenance Department and staf to have ready access to all portions of the lake front.

7. It is ne t contended that by developing the proposed wal way along the periphery of the Powai Lake, the respondents will create an ecological destination which is accessible