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The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to remove widespread encroachments around the Charkop pond in Kandivali (West) before proceeding with a proposed gabion wall to protect the water body. The court was hearing a 2021 petition filed by the BMC seeking approval for conservation and beautification of the pond, which falls within the 50-metre mangrove buffer zone. The bench flagged construction debris dumped near the site and called for a firm civic stand against illegal occupation.
The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to first clear widespread encroachments around a natural pond in Charkop, Kandivali (West), rather than proceed with its proposal to construct a gabion wall for the water body's protection. A Division 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 works at the pond, located at Charkop Sector 7.
The proposed project requires High Court approval because the site falls within the 50-metre buffer zone of surrounding mangroves. The BMC has already secured clearances for the plan from the Maharashtra Coastal Zone Management Authority (MCZMA), the Mangrove Cell and the State Environment Impact Assessment Authority (SEIAA). However, the Bombay Environmental Action Group (BEAG) has opposed the proposed gabion wall, arguing that it would obstruct the natural movement of water in and out of the pond and adversely affect the surrounding mangrove ecosystem.
During the hearing, the BMC submitted photographs showing extensive encroachments around the pond. After examining the images, the bench questioned why the civic body wished to construct a protective wall before addressing the illegal structures encroaching upon the site. The judges also expressed concern over photographs depicting construction debris, including sanitary fittings, tiles and bathroom fixtures, dumped in and around the pond, describing the visuals as a matter of serious concern and calling for corrective action.
The bench observed that the protection of mangroves in the area was contingent on removing illegal occupation around the pond, noting that encroachments posed the most significant threat to both the water body and the adjoining mangrove cover. The court asked the civic body to take a definite and firm position against such encroachments rather than pursuing structural interventions in isolation, and called upon the BMC Commissioner to demonstrate clear resolve in tackling the issue.
The Charkop pond matter comes amid a broader pattern of judicial scrutiny of encroachments across Mumbai this monsoon season. The same bench, hearing separate petitions concerning road-widening and waterlogging complaints in the city, has in recent days made pointed observations about the civic and citizen-driven causes of flooding, noting that unauthorised occupation of public land and obstruction of drainage systems have compounded the city's monsoon difficulties. In one such matter, the court noted that the BMC had already cleared encroachments to enable an existing 30-foot road, a process that involved felling of trees, while further widening remained contingent on land held by a central government body.
The Charkop case underscores the recurring tension between civic infrastructure and environmental conservation projects in Mumbai, where beautification and protective works around natural water bodies and mangrove zones require multiple layers of regulatory clearance, even as encroachment and unauthorised construction continue to pose a persistent challenge to such efforts. The matter is expected to come up for further hearing as the BMC works towards addressing the court's directions on removing encroachments around the pond.
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