Court halts civic works at Navsari’s Sharbatiya Talav

Surat: A civil court in Navsari stepped in to protect Sharbatiya Talav, ordering the Navsari Municipal Corporation (NMC) to halt work at the lake and its surroundings after allegations that development activity was changing the waterbody’s natural character.

The order was passed on Monday in a civil suit filed by Kersi Deboo, former vice-chairman of the National Commission for Minorities, who sought a permanent injunction against NMC’s ongoing project at Sharbatiya Talav. Deboo approached the court after repeated appeals by citizens failed to persuade the civic body to stop work carried out over the past few months.

In his plea, Deboo stated that Sharbatiya Talav is a public waterbody spread over 17,021 square metres. He argued that lakes, ponds and other waterbodies are environmental assets and natural resources that must be protected and preserved by the state and local authorities under constitutional obligations, environmental laws, govt policies and judicial pronouncements.

The suit contended that NMC had undertaken earth filling, excavation, reclamation, RCC construction, road construction and other development works in and around the lake. It further submitted that several trees were cut and that the activities were carried out without preserving the lake’s natural character and ecological significance.

“The NMC has reclaimed a sizeable portion of the lake by filling soil, and the waterbody’s size has been reduced significantly. They have chopped down several trees and despite summons, no officials from NMC remained present in the court twice,” Deboo told TOI.

Without expressing a final opinion on the merits of the case, the court observed that activities such as earth filling, excavation, reclamation, RCC construction and road construction could lead to irreversible changes to the physical features of the suit property. The court noted that such injury, once caused, may not be adequately compensated in financial terms and held that a prima facie case of irreparable injury was made out. It also recorded that the object of the application was likely to be defeated by delay.

Pending the final hearing and disposal of the injunction application, additional senior civil judge Bhavesh K Shah restrained NMC, its officers, employees, agents, contractors and representatives from carrying out or permitting any further activity that could alter the existing nature, character and status of Sharbatiya Talav. The court also directed that status quo be maintained at the lake and up to 30 metres from its boundary, and ordered all ongoing activities to stop forthwith until further orders.