Subject: Revision of the Development Plan for Mumbai 2014-2034-ENVIRONMENT

Shri Subodh Kumar 9th September, 2011

Municipal Commissioner,

MCGM Headquarters,

Mahapalika Marg,

Mumbai 400 001

Dear Shri Subodh Kumar,

Subject: Revision of the Development Plan for Mumbai 2014-2034-ENVIRONMENT

This is in follow up to our earlier letter to you dated 29th July 2011.on the subject of facilitating and ensuring wider consultation in the formulation of the Development Plan of Mumbai 2014-2034.

The DP stakeholder group on environment believes that there is an urgent need to address the environment in the revision of the development plan. We would like to outline below the key principles with regards to some aspects of environment in the revision of the Development Plan for Greater Mumbai. The “key principles” are the following:

Open spaces in the Development Plan

To protect and enhance the open spaces of Greater Mumbai by ensuring that they are free of any construction, permeable and open to sky. There should be an immediate andcomplete freeze on all the Reservations in the current DP and no change of user should be allowed by the MCGM or the state government till the time the proposed development plan comes into force.A standard of 3 sqm of public open space on the ground per person should be set as a target to be achieved in the revised development plan.

Mangroves in the Development Plan

The mangrove ecosystems which are the lungs and kidneys of the city and which protect the city from flooding and extreme climate events should be protected along with their habitats and their associated flora and faunaand included as reservations in the new Development Plan.It is imperative that the mangroves be retained in their natural condition.

Water systems and Flood Mitigation in the Development Plan

Rivers, streams, lakes and creeks should be clearly identified and included as reservationsin the new Development Plan with their appropriate names.

The Chitale Committee report recommends a design capacity for 80mm/hr of rainfall. (this is a 25 year high). This should be the standard taken when designing for flood control. For delineating flood plains the 50 year high of 100mm / hour should be considered.

Efforts should be made towards ensuring the quality of water in these water bodies. Directions from the Ministry of environment and forests with respect to the protection of all water bodies should be met.

Rivers, Streams and Nalas: These should be revived as clean natural rivers and streams

Lakes and Ponds: Maintain Water quality in lakes and be reserved in the development plan as ‘Water Body’. They are to be left open to public access. The buffer zones /flood plains of these lakes to be maintained as open space

Creeks, Beaches and Sea fronts: These will be protected as per the Coastal Zone Management Plan (CZMP) prepared by the Government of Maharashtra. The Development Plan to correlate identically with the CZMP. Beaches should also be reserved in the Development plan.

Hill Slopes

All hill slopes should be reserved in the Development Plan. These are then to be maintained in their natural condition in order to mitigate flooding by absorption of rain water on hill slopes and landslides.

Solid waste disposal in the Development plan

A separate management authority for MSW should be considered as a part of the current Development Plan. Efforts should be made towards achieving 100% collection and transportation of waste with the underlying directive principle being segregation and recycling of waste such that self sustainability in management and disposal is achieved. Care should be taken to achieve maximum coverage and highest standards even in the informal settlements.

Water supply Distribution and Sewerage in the Development Plan

Efforts should be made towards ensuring the supply of clean drinking water while ensuring the self sustainability of water supply systems. Processes of recycling and reuse should be incorporated into the development plan regulations. Sewage should be treated and disposed in the sea such that receiving water quality standards of Government of India are maintained.

Air Quality and pollution Control in the development Plan

Efforts should be made to meet the WHO norms for ambient Air Quality by provisioning for proper rail and road public transport and restricting the vehicular pollution. The air pollution caused by the construction industry and the burning of refuse and garbage should also be regulated.

Please find attached the detailed pointers attached in the form of annexes to each of the principles discussed above. These detailed pointers have been prepared by the members of the stakeholder groups working on these issues on the ground.

The Environment Group strongly believes that the above mentioned processes are crucial and important order to produce a “People’s Brief” for the new Development Plan of Mumbai. We would be happy to meet you to elaborate further on our concerns regarding the importance of taking the environmental concerns into consideration for the revision of the Development Plan.

With kind regards,

Yours sincerely,

Shyam Asolekar
CESE, IIT Bombay / Rakesh Kumar
NEERI / Deepak Kantawala
Indian Environmental Association
Debi Goenka CAT / Indrani Malkani
VCAN / Priya Ubale
Clean sweep Forum
Rajesh Vora
SAVE / Pallavi Latkar
Grassroots Consultancy / Hema Ramani
BEAG
Kunti Oza
Clean Mumbai Foundation and Clean Sweep Forum / Nayana Kathpalia
NAGAR / Parul Kumtha
CitiSpace
Neera Punj
CitiSpace / Pankaj Joshi
UDRI / Prof Soli Arceivala
Indian Environmental Association

Annex I – Guidelines /Rules /Regulations to be considered for Recreation Grounds (RG), Playgrounds (PG), Parks (P) &Gardens (G) in the New Development Plan 2014

1. No discretionary powers should be given to the Municipal Commissioner or equivalent authority such as Collectors, Heads of MHADA, MMRDA etc. to amend the rules or give temporary permissions for change of use on any Reserved RG, PG, P or G. Once the Rules have been incorporated in the DCR /DP they must be un-alterable.
2. A status survey to rationalse all RG, PG, P & G must be undertaken to avoid anomalies that are seen in the current DP e.g. The Mayor’s bungalow and the Taraporewala Aquarium are RGs
3. G could be plots less than 1000sq.m. – RG, PGs in present DP that are less than 1000sq.m. should be converted to Gs in new DP.
4. Where the uses of RG, PG, P or G has been defined by activities over the years, their reservation can be suitable altered in the new DP e.g. Oval Maidan should be a PG (not RG) and Wadia Garden, Parsi Colony should be a G (and not PG).
5. No construction whatsoever except a gardener cum store room of 10’x10’ should be permitted on any RG, PG, P or G irrespective of the size of the ground.
6. All Reserved Open Spaces must be kept free of encroachments and open to sky.
7. All encroached Reserved Open Spaces must be cleared and slums rehabilitated as PAPs on buildable land.
8. All Reserved Open Spaces to be fenced spatially with lockable gates.
9. All Reserved Open Space surfaces must be kept permeable, whether sports areas, walking tracks or others.
10. PGs should be used essentially for sports activities with standard sizes of courts, pitches, etc. properly marked out. Astroturf should not be permitted in any Reserved Open Spaces as it entails asphalting / cementing for the underlay which is extremely detrimental to the permeability of the ground. The climate and geological character of Mumbai needs the ground to be porous to soak in the rain-water and avoid the disruptions due to flooding.
11. No stadia, swimming pools, gymnasiums, gymkhanas should be allowed on RG, PG, P, G as separate reservations for them have been earmarkedin the DP.
12. RGs should be restored, greened, maintained in keeping with good practice examples: Hanging Gardens, Kamala Nehru Park.
13. All Reserved Open Spaces should be used ONLY for the purpose for which they are reserved.
14. In a metropolis with a population of 14 million where extended families living in matchbox-homes is the norm, open spaces for young children to play in and senior citizens to relax in are of paramount importance. As these section of the population are mostly home-bound, such open spaces should ideally be within walking distance from their homes. Therefore, stress should be laid on including children’s play-equipment in sand-pits and walking tracks should be incorporated into the layout of Reserved Open Spaces whenever possible. Similarly, areas for organized sports activities should be incorporated into the layout of Reserved Open Spaces whenever possible as the youth in large cities is the next vulnerable category. These provisions should always be in addition to providing for the reserved use of the RG, PG, P or G.
15. Where Reserved Open Spaces are very large and can have mixed uses, e.g. sports activities and garden activities, the varying activities should be well defined and not harmful to other users. E.g. there should be no benches, trees, walking track etc. within or near sports field areas, which should be in turn, clearly fenced with mesh wire screen to keep the ball from hitting other users.
16. No religious or political activities should be allowed on any Reserved open spaces.
17. In Parks, the prominence should be on all the natural geographical features. Such features should be protected and activities of public use should centre on them. E.g. Chowpatty, Gilbert Hill, Talavs, etc.

Eco-friendly systems such as Water-harvesting, solar lighting and composting of garden waste must be put in place by the Authorities. Saving of potable water and electricity and less use of SWM services will be extremely good demonstrable examples set by the Authorities.

Annex II - Guidelines for the protection and Preservation of the Mangroves In the development plan of Mumbai

One of the main concerns of the DP Stakeholder groups on environment is the destruction of mangroves. There seems to be unanimity amongst all stakeholders that mangroves play an important role in eco-systems and mangroves have to be preserved at any cost. Currently the DP does not take into consideration the importance of protecting the mangroves in Mumbai.

The mangroves have been persistently damaged by the massive pace of infrastructure development that has been taken place in Mumbai. There has been systematic destruction of mangroves in various localities by land grabbers and encroachers.

In the HC Order WP 3246 of 2004, the courts have pointed out that the petitioners have identified five areas in Mumbai where indiscriminate destruction of mangroves is taking place. These areas have been identified as

-Seven bungalows, Andheri

-Link Road Goregoan

-Kanjurmarg

-Gorai

-Malvani Village, Malad

The petitioners have requested that “pending further hearing of these petitions, it is absolutely imperative that the respondents be restrained from destructing or denuding mangroves by dumping, obstructing water supply, cutting of mangroves or by any other method.”

For this purpose, the high court has furnished the following guidelines. The DP stakeholder group on Environment feels that these guidelines should be adopted by authorities responsible for the revision of the Development Plan of Mumbai and be followed strictly for the preservation and protection of the mangroves in Mumbai.

We strongly believe that the High court Order WP 3246 of 2004 should strictly be followed in the revision of the development plan of Mumbai. The jugdement says that –

-Mapping of mangroves using Satellite Remote Sensing for carrying out mangroves study using high resolution satellite data of 65 cms must be carried out immediately. Spatial resolution/one meter spatial resolution for detailed mapping of mangroves with a view to identify more precisely mangrove areas is a requisite.

-After receiving the satellite data, transfer of mangrove details on city survey/village maps (cadestral map) should be done, to bring it under the jurisdiction of the MR and TP Act, 1966.

-The State Government has been directed to designate a Senior Officer not below the rank of concerned District Magistrate and Collector and Deputy Commissioner of Police/Superintendent of Police to oversee the implementation of the following directions. They would entertain complaints from citizens in respect of mangrove destruction.

-The name, address and contact information of such officers shall be advertised prominently in one English newspaper and two Marathi newspapers, apart from the official websites of the Maharashtra Government and the Forest Department.

-That there shall be a total freeze on the destruction and cutting of mangroves in the entire limits of the MCGM

-All construction and rubble/garbage dumping on the mangrove areas shall be stopped forthwith Regardless of ownership of the land, all construction taking place within 50 meters on all sides of all mangroves shall be forthwith stopped. No development permission whatsoever shall be issued by any authority in the State of Maharashtra in respect of any area under mangroves

-The Municipal Commissioner of Greater Mumbai shall forthwith issue the necessary directions to the Municipal Corporation of Greater Mumbai Building Proposals Department not to entertain any applications for development (as defined in the Maharashtra Regional and Town Planning Act, 1966) on or in respect of the mangrove lands, regardless of the nature of ownership

-The State Government, the Maharashtra Coastal Zone Management Authority (MCZMA) have been directed to file monthly report on the above action plan to the High Court. The report shall specifically state, in addition to the progress/action taken,

(a) The number of complaints received, if any,

(b) The action taken thereon, if any,

(c) The number of offenders named, and

(d) The details of prosecutions/action launched/taken against such offenders.

-From the list of “mangrove areas” so identified, Government owned lands will automatically be declared/notified as “protected forests”. Likewise, privately owned lands from the list of mangrove areas so identified, the same shall be declared/notified as “forests”

(a) Removal of all obstructions that are impeding the growth of mangroves as also the impediments which restrict the flow of sea water in the mangrove areas;

(b) Wherever mangrove growth is found to be sparse and denuded (i.e. with forest density less than 0.4 which means canopy less than 40%) within these identified areas, taking necessary steps for rejuvenation;

(c) On identification of the areas as forest, the Municipal Corporation of Greater Mumbai would remove garbage and debris within these areas within a period of three months as per the instructions of the Forest Department. These areas shall be rejuvenated with mangroves;

(d) The Forest Department is directed to take necessary action against the offenders in accordance with law for damaging or destroying mangroves.

Annex III – Guidelines for the Management of water systems in the Development Plan

-Develop full knowledge and mapping of Mumbai’s topography (contour maps) as part of the DP-research and disseminate information to the appropriate institutions dealing with flood prevention and mitigation.

-Identify locations with highest vulnerability to flooding and set as priority areas for investments.

-Analyze water courses and identify areas suitable for retention or infiltration within a larger framework for ecosystem rehabilitation.

Prevention of flooding:

-Plan for restoring, where possible, original water courses including embankments within a larger ecological planning framework aimed at sustaining Mumbai’s ecosystem: these include sub-systems as the four rivers, Powai Lake, Sanjay Gandhi National Park, the creeks, bays, Mithi River estuary and coastal zones.

-Develop measures within the DP to protect crucial catchment areas from construction.

-Designate areas for low cost solutions for water retention on the lowest scale level possible, especially in upland areas: provide guidelines and incentives for local solutions in the DCRs. Make water retention part of the legends of the zoning plan.

-Use DCRs to stimulate the use of green roofs and other forms of water retention or infiltration on the building/ development site level for new construction/ renovation sites.

-Ensure the construction of separate systems for sewage and storm water disposal in DCRs. New storm water management systems and in cases of renewal, should be build with the appropriate capacity (more than the 25mm/ hr of the existing system).

-Increase investments in waste disposal to prevent blocking of water courses and sewerage system. Priority should go to areas close to elements of the storm water management system.

-Set up organization for the removal of blockades in underground sewage systems before monsoons start.

-Invest in underground facilities for sewerage and storm water disposal

Mitigating the impact of flooding:

-Identify flood plains on the basis of risk zoning criteria of once in 10, 25 and 100 year flood probabilities.

-Prevent building on flood plains through restrictive zoning (both of slums and “formal” developments), or adjust land use to uses with little loss in case of flooding.

-Stimulate innovative urban design solutions to combine new urban areas with flood plain function where possible[1] and provide guidelines for these developments in the DCRs.

-Within the zoning plan, designate flood plains and retention areas for temporary public uses areas during non-monsoon time to prevent informal settlements.

-Incorporate flood evacuation scenarios in the DP and plan for and invest in additional infrastructure where necessary.

Annex IV – Guidelines for solid waste Management in the Development Plan

A good SWM system is something the western world (and indeed a large part of the developing world!) takes for granted. For us in Mumbai city it is an undreamed of luxury, and to my mind, we are sitting on a waste-related time bomb. It is easily THE most vital municipal responsibility, unfortunately treated as a stepchild by successive governments.

Requirements: Exact factual knowledge, indeed public disclosure, is needed about

1.The current practices that MCGM follows with regard to collection, transfer and disposal of ALL solid wastes – household, e-waste, medical waste etc

2.The end use of waste collected (eg. Waste to energy – gas or electricity)

3.Status of landfills

4.Any new processes that MCGM wants to introduce with regard to waste disposal which will correct the inefficient practices that exist currently