The National Green Tribunal (NGT) has issued a notice to the Maharashtra Industrial Development Corporation (MIDC) in response to a petition by environmentalist B.N. Kumar, director of NatConnect Foundation. The plea seeks to prevent the destruction of a green patch with over 200 trees, designated as open space in the Pawane chemical zone, from being developed for commercial purposes.

MIDC has reportedly allotted a 300-square-meter section of the original 3,600-square-meter Open Space 7 to a project-affected person (PAP) for constructing a hotel. Kumar expressed concerns that the commercial development would result in the felling of 200 fully grown trees, which have been maintained for decades by a neighbouring industrial unit.

Kumar’s counsel, Ronita Bhattacharya, argued that the development contravenes the Comprehensive Development Control and Promotion Regulations (CDCPR) of 2023. These regulations strictly restrict construction in designated open spaces, which serve as buffer zones in industrial areas emitting pollutants. The green zones are crucial for mitigating the environmental impact of chemical industries and ensuring public health.

The application highlighted that Open Space 7, which houses trees planted and maintained since 2001, was originally leased to Expanded Polymer Systems Pvt. Ltd for plantation purposes. However, the MIDC reclaimed the land in 2008 to allot plots to PAPs, a decision formally communicated only in January 2024.

The Tribunal's western zonal bench, comprising Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, noted that allowing construction in the open space could lead to widespread tree felling and set a harmful precedent for future land use changes.

NatConnect also referenced a similar case where the Bombay High Court overturned CIDCO’s plan to repurpose an open space meant for a sports complex for real estate development. The Supreme Court later upheld this decision, emphasizing the constitutional importance of open spaces for public well-being and environmental balance.

Apart from the immediate loss of 34 trees to facilitate access to the proposed hotel, Kumar warned that allowing this change in land use could lead to the entire green patch being lost. He stressed the necessity of preserving such "green lungs" in the heavily polluted chemical zone near Pawane village.

The NGT has directed the MIDC to respond to the concerns raised in the petition. The next hearing is scheduled for February 10, 2025.