Plea moved against construction of Shivaji Memorial Statue in Mumbai: Supreme Court issues notice

The Supreme Court today issued notice in plea challenging the construction of the Chatrapati Shivaji Maharaj Memorial along with an equestrian statue of Shivaji in the Arabian Sea off the coast of Mumbai. The Bench headed by Chief Justice of India SA Bobde today issued notice in the plea.

Appearing for the petitioners, Advocate Ronita Bhattacharya today told the Court that the construction would have dire environmental effects. It response, the Court has issued notice in the matter and tagged the petition with other pleas on the same issue.

The petition has been moved by Vice Admiral IC Rao, retired IAS officer Dr DM Sukthankar, the Vanashakti Public Trust and the Adivasi Koli Samaraj Samanavay Samiti.

The PIL states that since the announcement of the proposed project, there has been controversy owing to the absurdity of its location, the negative environmental impact and the toll the proposed project will take on traditional coastal communities.

The plea contends that about 15,000 fisher folk are directly dependent on the fisheries for livelihood purposes in and around the project area. They will be adversely affected once the project comes into place.

Inter alia, it is argued that according to the Maharashtra Government itself, a potentially fatal flaw in the design of the project has emerged. As per the petition, the technical assessments regarding the capability of the subterranean soil/rock forming the statue to sustain the 8 lakh ton structure is gravely in doubt.

The plea also refers to the Environmental Impact Assessment (EIA) Report prepared for the proposed project, which has estimated that the project is likely to draw 1,0000 visitors daily, with a peak of 4,000 per hour, who will ferried/ transported to the statue site in boats from jetties. Though a progressive step on the outset, this will worsen the current traffic situation in Bombay, the PIL states.

On the point of various clearances and No objection certificates (NOCs) spanning between the period of January 2013 and June 2018, the plea stresses that the clearances given are bad in law. Further, the clearances are in violation of the provisions of the Environment Protection Act, 1986 and its corresponding Rules, the CRZ Notification of 2011 as well as the Constitution of India.

The petitioners further submitted that the Environmental clearances were wrongly granted for the proposed construction of the statue as the same is unsafe for the public.

Another argument that was put forth was that the unsuitability of the site of the proposed project for reclamation. In this regard, the petition reads as follows,

“It is submitted that the Hydrographic Chart No. 2016, which has been cited and used within the EIA Report of the proposed project itself, indicates that there are internet and communication cables laid by VSNL falling within 200m of the site of the project. These cables lie under water along the seabed from Mumbai City to overseas destinations and have an exceptionally high lethal voltage of 5000 Volts DC. The Petitioners submit the proximity of such cables to the tourist site, renders the project site completely unsuitable for reclamation activities as envisaged for the proposed project.”

Moreover, the Ministry of Environment, Forest and Climate Change (MOEF) had laid down statutory guidelines for construction activity in the Coastal Regulation Zone (CRZ), severely restricting and prohibiting construction activity in the sea on January 6, 2011.

This CRZ notification allowed for very limited nature of activities in the CRZ limiting the activities to ports, wharfs, jetties. The petitioners additionally relied on a decision passed by the Bombay High Court which allowed only for construction activities which are “the dire need of the nation” to be constructed in the sea.

The petitioners further raise concern that no wind tunnel test had been conducted, to determine the safety and structural integrity of the structure.

Moreover, the PIL stated the CSIR-National Institute of Oceanography (CSIR-NIO) in its EIA Report had recorded several concerns with regard to the adverse environmental consequences if the statue is constructed.

“An analysis of the phytoplankton composition revealed the area in question sustains high generic diversity in seasons other than monsoons and high production potentials for live food organism’s resources for post-monsoon season too. The study also records that the environmental consequences due to the activities related to the construction, operation, and post operational phases of the project include deterioration of reinforced concrete structures, cyclone and storm surge, raising the ground level on the rocky outcrop, and detrimental impacts on fisheries. It further notes solid waste disposal occurring due to the presence of construction machinery and materials as a source of nuisance.”

Apart from the above, another pertinent contention raised by the petitioners was the exorbitant cost involved in the making of the project. The petitioners state that the project makes for “wasteful expenditure”.

“The sanctioned cost of the project is now Rs. 2581 crores for Phase 1 and 3643.78 crores for Phase I and II”, the petition reads.

The PIL points outs that there are several other areas that require funds urgently instead of the “misplaced priorities” in implementing the statue project. In this regard, the petitioners make critical note that State has reduced its budgetary allocation for Social Welfare and Nutrition by 33% from the Revised Estimate of the Budget of the State in 2018-2019 and further that it has failed to effectively implement the Right to Education Act, 2005.

In view of the above concerns, the petitioner has prayed for quashing and setting aside the entire project for the Chatrapati Shivaji Maharaj Statue.

The petition has been drawn by Advocate Ronita Bhattacharya and the filed through Advocate Satya Mitra.

[Read the Petition]

[Read Order]