The case of MITHI, a forgotten river in the city

i GOVERNANCE OF AN URBAN RIVER The case of MITHI, a forgotten river in the city Anushri Tiwari A dissertation submitted in partial fulfilment of the requirements for the Degree of Master of Science in Urban Policy and Governance Centre for Urban Policy and Governance School of Habitat Studies Tata Institute of Social sciences Mumbai 2019 Governance of Urban River Page | 2 Governance of Urban River Page | 3 iv Acknowledgement I would like to thank my guide, Dr. Lalitha Kamath for her positive and encouraging attitude with continuous engagement, insights and support till the very last day till submission. It definitely taught me a lot and made the dissertation process challenging and meaningful. Special thanks also to Nikhil Anand for providing rich feedback and timely feedback at various points of time. I‘d also like to thank all other Professors of Centre of Urban Policy and Governance – Prof. Amita, Dr. Himanshu Burte, Dr. Ratoola Kundu and Dr. Pratibha Ganesan for their helpful comments in the progress seminars. I’m very thankful for the time and guidance provided by Malini Krishnakutty, it was of tremendous help. I also take this opportunity to thank all the experts and individuals who actively engaged with my work and also were kind enough to give their time and knowledge on the subject. Finally I’m thankful to my family and friends who were always pushing me to give my best. This research wouldn’t have been possible without their support. Governance of Urban River Page | 4 v ABBREVIATIONS BCIT – Bombay City Improvement Trust BKC – Bandra Kurla Complex BMC – Bombay Municipal Corporation BOD – Biological Oxygen Demand COD – Chemical Oxygen Demand CRZ – Coastal Regulation Zone CWPRS - Central Water and Power Research Station CZMP – Coastal Zone Management Plan DCR – Development Control Regulation DP – Development Plan HTL – High Tide Line IIT B - Indian Institutes of Technology Bombay MCGM – Municipal Corporation of Greater Mumbai MIAL – Mumbai International Airport Limited MMRDA – Mumbai Metropolitan Regional Development Authority MPCB – Maharashtra Pollution Control Board MR&TP – Mumbai Regional & Town Planning MSDP – Mumbai Sewage Disposal Project NEERI – National Environmental Engineering Research Institute RP – Regional Plan RRZ – River Regulation Zone SGNP – Sanjay Gandhi National Park SPA – Special Planning Authority SWD – Storm Water Drainage TERI - The Energy and Resource Institute TPS – Town Planning Schemes Governance of Urban River Page | 5 vi ABSTRACT ‘Let us accept nature is a process, that it is interacting, that it responds to laws, representing values and opportunities for human use with certain limitations and even prohibitions to certain of these” (Mcharg, 1992). This dissertation is a study conducted to draw on the Governance of an Urban River, which here is Mithi commonly refer to as a Nallah rather than a river in the city. The study has rigorously and comprehensively looked into the various aspects of urban river which unlike a natural river has a more complex context thus making the act of governance crucial and challenging. The different layers in the system – social, political, economic and ecological all come together to form a narrative for Mithi which here is not a story with a happy end but marked with contestations and struggles where the Forgotten River tries to build an identity in the complex urban space. The Governance plays the key role in allowing and also preventing Mithi to battle the odds of utilitarian values. The perception different agencies and institutions have for the River and their interaction amongst each other results in urban political economy which is based on vested here is the resultant of the vested interest of the few over the grievance of the rest. The only mechanism in this situation that can work for an Urban River is the citizen rising up to the occasion and demanding the experts to change their lens to River’s Rejuvenation and Restoration. Governance of Urban River Page | 6 vii Table of Contents 1. INTRODUCTION ........................................................................................................................ 12 Structure of the dissertation .............................................................................................................. 14 2. LITERATURE REVIEW ............................................................................................................. 15 “The” River in “a” city ..................................................................................................................... 15 City and nature nexus........................................................................................................................ 15 Governance as a need and politics entrenched in the system............................................................ 16 The politics of practice...................................................................................................................... 18 3. RATIONALE FOR THE STUDY ................................................................................................ 20 How are Mumbai’s riverscapes governed? ....................................................................................... 21 4. RESEARCH QUESTIONS AND OBJECTIVES ........................................................................ 24 Focus of the study ............................................................................................................................. 24 4. RESEARCH DESIGN & METHODOLOGY .............................................................................. 26 Research Design................................................................................................................................ 26 Evolving Research Design ............................................................................................................ 26 Narrative Research ........................................................................................................................ 27 Grounded Theory Research .......................................................................................................... 27 Research Tools .................................................................................................................................. 28 Stakeholder Analysis .................................................................................................................... 28 Spatial Analysis ............................................................................................................................ 28 Thematic or descriptive analysis:.................................................................................................. 28 Data Collection Method .................................................................................................................... 29 Direct Observation: ....................................................................................................................... 29 Key person interviews:.................................................................................................................. 29 Sample .............................................................................................................................................. 29 Sources of Data ................................................................................................................................. 29 Governance of Urban River Page | 7 Primary Sources ............................................................................................................................ 29 Secondary Sources ........................................................................................................................ 29 Spatial Plans .................................................................................................................................. 30 Reports .......................................................................................................................................... 30 Site .................................................................................................................................................... 30 Operationlaisation of the Research ................................................................................................... 30 Ethical Considerations ...................................................................................................................... 31 Limitations and Challenges............................................................................................................... 32 5. MUCKY MORPHING OF MUMBAI’S MITHI ......................................................................... 33 Sections of the river – hydrology .................................................................................................. 39 Sections of the river – Activity and Land use ............................................................................... 40 Urban- ness in the River ................................................................................................................... 40 Desired development along the River ........................................................................................... 41 Seasonality in the river.................................................................................................................. 43 Function of Mithi in Mumbai – temporal shift ............................................................................. 43 6. ON GOVERNING THE URBAN RIVER ................................................................................... 45 The Evolution.................................................................................................................................... 45 Instruments of governance ................................................................................................................ 58 Spatial Planning as a tool .................................................................................................................. 59 Regional Plan ................................................................................................................................ 59 Development Plan and Development Control Regulations .......................................................... 61 Policy mechanisms and regulation.................................................................................................... 63 Pollution Control ........................................................................................................................... 63 Development Control .................................................................................................................... 63 Management .................................................................................................................................. 64 Governance Framework .................................................................................................................... 65 Summary ........................................................................................................................................... 68 8. DEBATES AND CONTESTATIONS ......................................................................................... 69 Recommendations proposed ............................................................................................................. 70 Governance of Urban River Page | 8 Flood related ................................................................................................................................. 70 Re-mediating or mediating pollution ............................................................................................ 73 Removal of “the encroachment” ................................................................................................... 75 Retaining wall as the saviour ........................................................................................................ 77 Mangrove or Man(graved)? .............................................................................................................. 82 Increase in the mangrove area – myth or a fact ............................................................................ 82 Wall built in between the mangroves ............................................................................................ 83 Governance hurdles .......................................................................................................................... 84 Multiplicity of agencies in governance framework with toothless coordinating agency .............. 84 Why are development projects convenient and Mithi’s rejuvenation a hindrance?...................... 85 Idiolising Riverfront development with no context ...................................................................... 87 Aspects of the River considered for rejuvenation ......................................................................... 88 Summary ........................................................................................................................................... 89 9. CONCLUSION ............................................................................................................................. 90 Bibliography ......................................................................................................................................... 92 Governance of Urban River Page | 9 ix List of Figures Figure 1 The seven Islands and reclaimed lands (Source: (Committee, Fact Finding Committee Report , 2006) ................................................................................................................................................... 34 Figure 2 Mumbai's wetlands. Source: Mumbai Port Trust ................................................................... 35 Figure 3 Longitudinal section of Mithi. Source: (Committee, Fact Finding Committee Report , 2006) .............................................................................................................................................................. 39 Figure 4Classification of desired activity around the River. Source: (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - First Interim Report, 2005) ...... 41 Figure 5 Natural Landscape around Mithi ............................................................................................ 42 Figure 6 BKC plan as proposed by BMRDA ....................................................................................... 48 Figure 7 River course near the Airport Section .................................................................................... 52 Figure 8 Regional Plan of 1973 ........................................................................................................... 60 Figure 9 Regional Plan of 19966 .......................................................................................................... 60 Figure 10 Regional Plan of 2016 .......................................................................................................... 60 Figure 11SRDP of 1991 ........................................................................................................................ 61 Figure 12 Development Plan 2016. Source: (MCGM, Revised Development Plan 2016-34, 2016) ... 62 Figure 13 Coastal Zone Management Plan. Source: (MCZMA, 2017) ................................................ 64 Figure 14 Governance Landscape - 1960 ............................................................................................. 65 Figure 15 Governance landscape post 2005 floods............................................................................... 66 Figure 16 Governance framework ........................................................................................................ 67 Figure 17 Triggers that led to Floods of 2005 ...................................................................................... 69 Figure 18 Construction and demolition waste lying on the banks of Mithi. ......................................... 71 Figure 19 Section of the river considered for Mithi.............................................................................. 72 Figure 20Satellite image analysis of Mithi catchment on 19th August 2017. ...................................... 72 Figure 21 Mithi near Dharavi................................................................................................................ 73 Figure 22 The stagnant Mithi passing through the industrial belt ........................................................ 73 Figure 23 Development along the path of the Mithi River (1966- 2017). ............................................ 76 Figure 24 Taming Mithi ........................................................................................................................ 77 Figure 25 Retaining walls in three different sections of the River ....................................................... 79 Figure 26 Tender by MCGM for constructing retaining wall ............................................................... 81 Figure 27 Mithi's catchment in 2018 .................................................................................................... 82 Figure 28 Mithi's Catchment in 1960.................................................................................................... 82 Figure 29 MMRCL construction debris being dumped in Mithi .......................................................... 83 Governance of Urban River Page | 10 Figure 30 Retaining wall constructed between Mangroves .................................................................. 83 Figure 31Natural drainage and sub watersheds of Mithi Source: (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - First Interim Report, 2005) .............. 85 Figure 32Proposed development projects along Mithi ......................................................................... 86 Governance of Urban River Page | 11 1. INTRODUCTION The great deluge has been a ritual for the peninsular city of Mumbai, the very few moments when the metropolis is forced to be at a standstill. With the media and other social networking platforms filled with shocking images of people holding on to their lives and their belonging as they navigate across water filled cityscape - “At least on one day each year that goes by, the heavens open up, and the metropolis home to about 20 million below is inundated”. The resultant outrage, inconvenience, and suffering that people face are something of a tradition, with successive governments getting pilloried for their lack of preparedness despite the regularity with which the monsoon paralyses India’s financial capital. Since the 1980s, when a little over eight million called it home, the city’s population doubled and has led to rapid urbanisation of the surrounding hinterland areas of the city, the process of concretisation has encroached upon the “natural landscape” of the city. Till date the city depends on an age old storm water drainage system which was constructed during the colonial period, recommendations centered around the expansion and improvement in the SWD 1 system of the city like BRIMSTOWAD Report 2have long been proposed but the city is yet to see them materialising into reality. With urban development on the rise, there has been a phenomenal change in the urban landscape of the city which has seen an increasing trend of concretisation and impervious surfaces, this has been made possible by converting the city’s open spaces; ponds; the floodplains of the river; naturally leading to reduction in infiltration of rainwater and thereby substantially increasing the amount of surface water runoff. The cityscape and the development strategies of the government are at an impasse, there is a tension between the physical form and aspirations leaders have for our city of Mumbai. This tug of war is eventually visible during the floods in Mumbai where all that had been done, is being done at the moment or would be done in the future is for the precarious development of the city which at the cost of welfare of the society. The onus of the problem eventually comes on the Government and its different departments which were unable to apprehend or prepare the city for the urban floods (1997, 2005, 2017 and others). But in Mumbai the blame also shifts to the natural land form of the city, Mithi emerged as the devil which took its revenge on the city in 2005 floods. The first debate or confusion was the identity of Mithi; was it a Nallah or a River? People were unaware about a River which flows right in their backyard and precedes the present residents of the city in terms of existence in the urban setting of Mumbai. Immediate response was to corner root of the crisis, thus there was a widespread concern about the 1 Storm Water Drainage Bombay Storm Water Drainage Invalid source specified., was aimed to propose improvement in SWD system in the city of Mumbai 2 Governance of Urban River Page | 12 future of the Mithi; what remained shunned were the actions which have made a Nallah out of a river and the inaction or the negligence by the authorities to manage it. The study performed by the National Remote Sensing Agency (NRSA), spatially pointed the extent of influence the anthropogenic activities have had on the River and its catchment. “Between 1966 till 2005, there has been almost 50% reduction in river width and 70% decrease in mudflats and open spaces, the simultaneous upward trend in concretisation of the catchment area are from 29% to 70% this has increased the risk of flooding in the city” (Kirtane, Making the sewer, a river again, 2011). Mumbai awoke from Mithi’s amnesia on 26th July, 2005, when the city was clinching to hope to recover from the scare of the rising water. “Mumbai created the Mithi of today and the folly of destroying the Mithi drowned Mumbai on that fateful day. Overnight, Mumbai, India and the world came to know of the Mithi as the River of Death, which sunk a city of 13 million people. The media took her to the sword and all fingers of blame pointed her way” (Kirtane, Making the sewer, a river again, 2011). Flood in itself is just a natural phenomenon which becomes a disaster when it occurs in an area habituated by humans thus when the urban is attached to this situation the system dynamics change. By presenting an event as an act of nature or climate change which just occurred out of nowhere ideologically puts the massive amount of work that points to the aftermath of Global Warming on the Coastal cities and their vulnerability to rising sea levels to shame .“Whatever the political tampering with science, the supposed “naturalness” of disasters here becomes an ideological camouflage for the social (and therefore preventable) dimensions of such disasters, covering for quite specific social interests” (Smith, 2006). Moreover, the blame game which puts nature or climate change, rather than governance failures, as the prime instigator of floods, absolves the government of their responsibility for causing or worsening the extent of the flooding in the city and also results in practices which derive on the logic that the floods can be managed and controlled by techno-structural measures (Marks, 2011). The aftermath of the floods awoke the state in deep slumber to perform its role as the political and welfare agency in the city. The floods triggered series of events which now recognised the forgotten River in the city. This includes the various expert committees formed to propose solutions to save the River; setting up of new institutions and introduction of other governance mechanisms. But 14 years since the deluge, the River is no better shape and there are different narratives on different form of redevelopment that have been carried in and around the river. This leads to question the state of affairs around the river, especially around the Governance of the River that is supposed to drive the development of Mithi as a River. Governance of Urban River Page | 13 Structure of the dissertation The research work has broadly been divided into 9 chapters, with this as the first chapter that introduces the topic of the research and provides some context to the study done. The second chapter covers the literature the researcher has read and referred to conduct the study, this includes the theoretical frameworks adopted in the understanding the background of the study. Third chapter explains the rationale or significance of doing this research; it basically draws on the literature studies and also gives Mithi’s context in theoretical framework. Fourth chapter introduces the objective of the study along with the research questions the researcher will be studying. The next chapter thats the fifth chapter elaborate on the research methodology the researcher has used to perform the study. Thereafter is the sixth chapter that gives a historical background and delves into the concept of Urban River. The seventh chapter is on governing the Urban river, this chapter has historical background of the evolution of governance landscape around Mithi and also explains the mechanisms of governance different institutions practise. Eighth chapter brings in various arguments and discourses from the different layers of River. The research work ends with the conclusion that is in the Ninth chapter. Governance of Urban River Page | 14 2. LITERATURE REVIEW “The” River in “a” city A city’s point of origin, formation and development in due course of time is tightly interlaced with Rivers; the ancient civilisations are the best suitors and cases which stand to be camped on the rivers. Urban River is closely knit with the organic part of the city and unlike a natural flowing drainage this River has been closer to the anthropogenic activities; bound to now have some artificial (in relation to its pristine form) component like excavation, channelisation and other forms of interventions. With the River, a part of the city that can’t be separated from the city life which is induced by socio– economic system, giving us a form of River which now in a way is humanised (Hu, 2016). This brings conflicts between the inherent character of a river from the hydrological perspective and the actions of humans which can only be managed to its carrying capacity as a river ecosystem This relation between the city and the river was simpler but the complexity came in as we urbanised, industrialised – modified the landscape with no constraint or caution. Thus the relation with the river changed over time, a utilitarian value was attached to it which thereby developed the river as an infrastructure leading to inability of the river as a system to fight flood like in the past. With the rains; pollution and degradation of the ecological environ associated with the system; the people began to dissociate with the river in the traditional manner and began paying more attention to the issues in the city. The main aspects of the river that are prioritised are flood control, water supply safety and other basic functions and less value given to its ecological restoration. But with urbanisation cities have begun to utilise the rivers as their prime sewerage networks that transport the pollution from the source points to some place elsewhere or are filled with pockets of development and real estate projects which also results in destruction of urban biodiversity along with the river’s natural setting in the urban area. This has brought the need to view the whole scenario through a lens which captures the different layers which is possible with urban political ecology (UPE) approach that rejects the clear divide of the environment and two distinct binaries but attempts to draw linkages between the socio- ecological and political economy in an urban area i.e, the different layers which influence or drives the process of governance, in this case for the river. City and nature nexus Chicago School of urban sociology stresses on the urban–rural split as a functionalist narrative of urban development. The theory develops on the idea that city and nature are mutually exclusive entities wherein one competes with other for existence, thus the “return to nature” follows the simplistic mitigation perception narrative. This is path that isn’t plausible for the modern progress and Governance of Urban River Page | 15 development trajectory. Theoretical scholarship put forth by Harvey (Harvey D. , 1996) which views the city as closely interlaced with the environment, with the former being a part of the other where both work closely to bring forth the urban environment, a new configuration of development with its own defined environmental conditions. Actor-network theory by Latour (Latour, 2005)traces connections between different set of actors (human, nonhuman, material, or immaterial) which according to him influences social formations, thus brining in the nature and culture interplay. Hinchliffe and Whatmore (Hinchliffe & Whatmore, 2006) build on this as they argue that the cities to be interface where the human and non- human; rural-urban; civic- wild, together result in a diverse form of ecology, this rejects spatial divisions which were presented in the earlier ideas and this holds true where the nature is existent but has adapted around these factors its own manner. This adaptation that states the connect cities have with the nature with invisible thread and linkages as spaces of exchange, which can either be harmonised connect or ruptures in the system as noted by Sassen (Sassen & Dotan, Delegating, not returning, to the biosphere: How to use the multi-scalar and ecological properties of cities, 2011). Marxist view to urban political ecology is rooted in the work radical geographers like Harvey, which proposes city as a production of multiple forms of socioecological processes linking different forces - ecology, economy, and society that operate simultaneously and need to be untangled. The approach by Saksia in her paper “Delegating not returning to biosphere” theorises relation that can pioneer the technical, social and ecological paradigm as one continuum between biosphere and city. Thus the central argument that comes forth from the urban political ecology scholarship is the role of political setting in dynamics of city and nature. Governance as a need and politics entrenched in the system The “central theme” that emerges from the urban political ecology in the urban setting is the narrative of “politicized environment” (Bryant, 1997) where ecology, economy, and society converge and compete to emerge as the dominant force that drives the actions taken. Here the driver which paves the way for the narratives to emerge in this complex and layered landscape is the governance machinery in play, which has the power to determine the outcome of the struggle. A large amount of literature on governance on urban and environment is bound to policy making (Hohn & Neuer, 2006) (Reed & Bruyneel, 2010) (Daniell & Barreteau, 2014), where the theoretical concepts and reasoning are of epistemological value and fall short to provide the realties which correspond to the actions on the ground, i.e. power structure of different stakeholder and the hidden agendas driving the decisions taken them. Now the real challenge comes in untangling the politics in the urban environment, the various forms of nature are no longer the focus but it is the manner in which the socio-ecological linkages are Governance of Urban River Page | 16 produced as a function perception; commodification; social mobilisation and physical transformation of the non-human components in the environ (Heynen, Kaika.M, & Swyngedouw.E, 2005). Swyngedouw mention in his paper how there have been many arguments which rationalise and prove that urban process has to venture further away from the technical-managerial theorized approach , to a more humanised socio-natural process which mediates and conveys urban socio- ecological relations in the urban context. By doing so they are moving away from popular narrative that neglects nature but also doesn’t result in a deadlock of ecological determinism and nature fetishism. This transcends beyond the nature and society binaries as promoted by Chicago School and argues that the socioecological processes are highly political but also stresses on the importance of nature in the urban theory (Swyngedouw.E, 2015). The UPE literature brings forth a radial critique on the factors that trigger the state of affairs and propositions provided as the recommendations for technocratic governance approaches. Mainly the existing literature governance has been centered on appropriation of coordination and management as the main challenges in the urban-environment discourse rather than the power and politics that the system is deeply rooted in (Keil.R, 2003) (Lawhon, Ernstson, & Silver, 2014) (Loftus, 2012) (Heynen, Kaika, & Swyngedouw, 2006) (Veron.R, 2006). In the context of river, as put forth in Best’s work where he argues that the decisions based on river’s management revolves around the society’s social structure; financial; environmental and political foreground which results in the governance as a product of these systems working together. UPE argues that feverish resource grabbing through tactics of dispossession, in socio-ecologically vulnerable places; production chains that are shaped by deeply uneven and often dehumanizing socioecological metabolisms are all driven by political discourse. The functional requirements of the River are now based on function of flood control, drainage, water supply, environment, landscape, ecology and culture rather than the basics like flood control, drainage and water supply safety. The traditional city’s river utilises complex techniques to tackle the floods; artificial mechanisms such as "beautification" "geometry" and "artificial" are utilised to rejuvenate the river; these engineered practices are usually aligned with project management techniques, the solutions come in the form of canalisation or channelisation of the river; creation of walls and higher embankments; straightening of the edges and landfilling the low lying areas, all these propositions are centered around the utilitarian valuation of the river and doesn’t account or ignores the very function of the natural drainage. Current mainstream approach to water management propagates and practices river basin development as a technocratic subject which can only be confronted by experts and managers who limited by their knowledge and professional practise endeavour to tap the demand with supply by applying technology; science; rational, logical problem solving Governance of Urban River Page | 17 approaches, and sometimes taps in an adequate amount of cocktail of participation from relevant stakeholders (Molle, 2009) But the facts when put forth from the science of environment is that the (active) river channel, where the water “flows” and drains along the embankments is the resultant of deposition of alluvial materials marked with other physical features such as meanders and ox-bow lakes all of these components interact to form the floodplain or riverbed. Floodplains are meant to be inundated during floods. Why is it important to mention this here? The politics of practice These complex system dynamics are simplified by a diverse and ambiguous scientific terminology which exists as the manuals for. Hydrologists and engineers who are informed the incomplete knowledge captured by the professionals who seek to draw it from one lens and disregarding the geomorphological process and history linked to it. As pointed out by Foucalt “political technologies” wherein the objective terms of political debates are engrained in technical, scientific and objective background (Shore & Wright, 1997).“The concept of integrated water resources management (IWRM) is an example of the woolly consensual "Nirvana concept", which obscures the antagonistic nature of the criteria of economic efficiency, social equity and environmental sustainability” (Molle, 2009). This includes mismanagement practices; failure of infrastructure due to lack of understanding of the system; no coordination and synchronisation of land use change, and the act of land banking and pooling (Marks, 2011). Debates are framed and portrayed in favour of the handful decision makers that obscures and excludes alternatives; the pervasiveness which ought to be there is decision making is lost in battle of development of river basin by expert driven approach. Mainly the approach suggested are the “best practices”; case studies or models which have received International recognition and popularity, these are based in their own context which is missed out. Moreover this method of picking up something from somewhere and to replicate in other place where there is some grounds of similarity doesn’t give room for instrumental rationality. Urban waterfront are viewed to bring recreational and aesthetic appeal to riverfronts which are usually pushed by real estate interests (Chang & Huang, 2011); urban mega projects are seen as interventions to enhance economic landscape of city (Ren & Weinstein, 2013) (Santamaría, 2013 ) (FAINSTEIN, 2008) Thus politicizing arrangements narrow or have reduced the role of democratic agonistic struggles and the terrain of politics has been reduced to decision making in the form of spatial planning or policy where the expert’s knowledge, interest intermediation, and administration through governance have replaced the innovative solutions which are based on socio-natural processes, dissensual debate linked to it and agonistic encounters which are bound to occur while considering the holistic approach to Governance of Urban River Page | 18 confront the idea of river’s development (Marquand, 2004). In this manner the depoliticized consensual arrangement, organized through post- democratic institutions of managerial governance are replacing the political institutions of government (Crouch, 2004)and are embedded in a geographically variegated, but broadly naturalized, neo-liberalizing urban political- economic order. Questions linked or concerned with visions of ‘Nature’ and socio-environmental relations are being promoted in this setting; with jargon and quilting points which are technically situated in another context and are being used to stitch together as ideas that are progressive and welfare oriented but are ideologies of few operating in their own limited knowledge and idea about the concept of development. Governance of Urban River Page | 19 3. RATIONALE FOR THE STUDY Existing literature majorly analyzes and presents city centric point of view of river assuming that there is a clear boundary between the river and the urban in the city. The riverscape has undergone a lot of changes along with the changes that have occurred on the landform of the city (Follmann, 2016). The river is result of transition that city has undertaken and has been heavily influenced by the development activities occurring in and around it. “Urbanization is a process of metabolising nature socio-spatially or is of urbanizing the environment”. This fundamental understanding of the urban process as mainly concerned with metabolic relationships is a major intervention into an environmental debate, which still sidelines the city as an object of its work, and also into an urban debate, which has no sense of the city as a material- ecological process (Swyngedouw, 2004). The river which used to serve the role of the natural drain has become a carrier of waste of the city. Off the three natural drainage channels – Mahul, Thane and Mahim Creek; the river only has one channel at the present which has its source located in the east of the SGNP, it receives discharges from streams and spillway from Tulsi, Vihar, and Powai Lakes, and traverses distance of about 17.84km and ends at Mahim bay. Urban political ecologists expand on Social Justice and the City (Harvey D. , 1973), perceiving city’s natural landscapes and urban infrastructures as system of hybrids which are resultant of the humannature interaction.”Thinking of the city as a socio-spatial hybrid enables us to see how the “social production of urban space spreads the vulnerability to hazards, exposure to risk and ecological breakdown.”The Mithi River is viewed as the cause of the floods of 2005 and since then has been attributed different forms of restoration processes. Restoration of a river is a process to revive a river to its natural state. As put forth by Pasche Erik involved in the rejuvenation of the river in Seoul who describes and states the clear differences between rivers flowing through urban area and those flowing in through natural terrain, which primarily is based on the discussion to reasons for availability of less space in terms of area and also priority in urban areas. City dwellers are consumed by their mundane life style and the driver to prosper and “develop” by walking down the unsustainable path has led the loss of riparian land and has turned the rivers to Nallahs. “Although this indestructible path cannot be totally reversed but there exists an arena where nature overcomes the negative effects of modern way of living with strategies of restoring rivers targeting improvement of urban recreational activities within river basin by enabling potentials of urban rivers” (Sanghani, 2009). What is the nature of these potentials? What is the basis of these potentials? Who decides this and is it the same entity that implements this? Are these potentials visionary in nature? What do they eventually result in? Do they consider the peripherals of the riverscape? Governance of Urban River Page | 20 These contemplating questions exposes plethora of possibilities for the restoration process of a river but can also answer how rapture of river itself is destroyed. Before any restoration plan begins it is important to understand the arrangements in which the river flows, its hydrology as a natural process. Moreover flood needs to be seen as an incident which can occur thus preparatory, preventive and mitigative aspects of flood management become important which can reduce the damage caused by them but they have not received much attention. The belief and acceptance that the floods cannot be prevented, and that the technical and infrastructural interventions can work towards their control, management and minimisation, inevitably leaves only the option of rescue and relief operations for individuals and civil society organisations to work in flood prone areas (Prasad, Joy, Paranjape, & Vispute, 2012). The techno-centric arguments, analysis and prescriptions to address floods in India are also being supported by academic works which focus on these details, because of which various others facets of floods remain unattended. This highlights the need to understand floods beyond structural measures. The conflicting perceptions about structural measures like channelisation of the river, constructing dams and embankments, dredging the river and other measures to either prevent or mitigate floods; as solution which aggravates to the existing problems rather than mitigate them. Moreover there are different perceptions and on the ways in which the river and flood is conceptualised and the limits to “tame” rivers as the recommendations post the crisis, the differences are in the epistemology subjects itself and this varies across different institutions. It is “natural” for rivers to flood given their nature to flow and the fact that the practices around the river where subjected to this reality in the past, where the principle was “living with floods” rather than control and managing it. Cortesi refers to this as the epistemological contestations over floods as “struggles of knowledge”. These ideologies entrench into the recommendations put forth by the experts in the form of reports which are required to be executed on the ground. How are Mumbai’s riverscapes governed? After the fact finding, conceptualisation of the methods to harness the river, thereafter implementation process is the highlight with Indian political front being known for its passive state of affairs, governance becomes a key element behind the success and failure of a project. The existing overview of the literature around Mithi River has shown that the political machinery has no inclination to accept its mistakes, nor to learn from the past mistakes but continues to repeat them in different forms as the city continue to be drenched with the different forms of losses which cause a hustle when the incident occurs and the arguments are lost with time with the Government playing the blame game and taking the responsibility or steps to not allow the incident to repeat in the future. The study done by Follmann in Delhi around the Yamuna river showed that the dynamic land-use changes in the city were deeply connected to changing discursive framings of the role and function of Yamuna’s riverscape. The dominant discourses and their associated narratives have remained Governance of Urban River Page | 21 persistent over long periods of time and they continue to have an influence urban environmental change and governance (Follmann, 2016). Specifically in the case of urban flooding, uneven vulnerabilities experienced by different individuals during floods are under purview of the state. It is the crucial arena of contestation over flood protection and management whose motive is welfare of the society. “However, the structures of power governing floods and their effects are not static. Rather, by opening political space, floods can act as catalysts or tipping points shaping “the future political trajectory towards an accelerated status quo or a critical juncture”. Consequently, as Pelling argues, while floods are physical occurrences, their form, magnitude, and location, and the people they affect are the outcome of ongoing and past socio-economic and political processes. Marxism, political ecology focuses on unequal power relations and examines control over access to natural and social environments and to natural resources, thereby making conflict and contestation over resources central to most analyses. As put forth by the Policy Dialogue on Water Conflicts in India (Forum) “Though there has been much academic and civil society engagement with the issue of floods, there does not seem to be any serious, systematic attempt to look at floods from the point of view of conflict and contestation – an issue that has remained unexplored till date” (Prasad, Joy, Paranjape, & Vispute, 2012). In governance as a process, the actors, the issues, the interests shape one another. Actor’s desires and choices are a result of the constraints and the limitations which are governed meshed in a web of nested level of rules which are both formal and informal in nature. The interplay of issues, interests and conflicts associated with it across and between different actors finally makes up the governance processes which are collective choice level of rule making around the river. The choice comes inherent in the process at conceptualisation, decision making and implementation level (Myint, 2012). A lot of previous work in the design field on river front development is based on sustainable planning. The research done by various ecologists and urban designers suggests that climate change which is at the threshold of havoc for our planet will require a radical shift within design practice from the solidstate view of landscape urbanism to the more dynamic, liquid-state view of waterscape urbanism. This is a paradigm shift which requires a new perspective to look at urbane and river in a city in holistic manner. “Instead of embodying permanence, stasis, solidity, and longevity, liquid perception will emphasize change, adaptation, and the continuous reproduction of locality as a cultural practice” (Thaitakoo & McGrath, 2008). These become the pointers which can be used to analyse the ideologies that go behind the projects on the river which need to at the end of the sustainable in the long run. This perspective also highlights the need for the governance structure to be cohesive to these mindsets which aims to bring in the sustainability element in governing and planning the riverscape which is treated as a static channel between the two lines rather than dynamic fluid that flows and causes wetness. Governance of Urban River Page | 22 Governance plays a key role materialising these ideologies on ground, in the case of Mithi were there have been numerous proposals and projects with no results showing on the ground, the mismatch that exists with reality and the records clearly need a deeper understanding a study. Analysing the shortcomings in the governance process is essential to gauge the different levels – conceptualisation, planning, execution and regulation, where UPE or other forms of discourse function hampering the River’s rejuventation process. City should be the center of our environmental future as Sassen explains in her paper wherein the city is a multi scalar entity which should be labs for experimenting different sustainable practices. The city provides the opportunity for the governance system to act in their localised environment independently without the intervention of the centre or the state. But this falls short of being successful as our local government lack the vision and resources to move beyond the basics and to venture into unknown grounds. The same set of routine is followed by the experts and handful of cases are idolised are replicated without understanding their context. The governance system which can be strengthened and localised in the city struggles to untangle itself fromt he power structure and urban political ecology which drives the key decisions in the city. So let’s see if Mumbai’s case is any different. Governance of Urban River Page | 23 4. RESEARCH QUESTIONS AND OBJECTIVES The last section explains the shortcomings that exist in the system of governance around River, especially for the case of Mithi which has been subjugated to accusations and has worked upon extensively since the floods of 2005 but the conditions of the river haven’t improved in comparison to the claimed efforts that have been put in its restoration and rejuvenation. The understanding the researcher carries in the study is that the ground reality (which here is River’s condition) reflects the governance process (of rejuvenating the River) that has undergone to materialise it i.e. the different levels at which governance of the river operates – conceptualising the river, planning (spatial and management), execution and regulation. All these layers make up the governance framework that undergoes in Governance of the River. This also includes tools and instruments. At each level the nature of process followed reflects the perceptions the institutions and actors have of the river as the ideologies (intangible) are reflected on plans, recommendations and proposals (tangible). The nature of this overall composite layer gives us the River in the City. Focus of the study The overarching aim of the study is to understand the governance mechanism in place for Mithi River with the lens of urban flooding as the trigger to revive the urban river in the city; this will be supported by the research questions mentioned below. 1. How is Mithi River perceived in relation to the urban floods which have occurred in the city at various points in time? The deluge triggered the alarm among Mumbaikars and state as agencies to glance at Mithi as a River not the nallah it was turned into. The crisis was turning point which pushed the governing agencies to think and also act. Mithi is often associated with 2005 flood but much has happened thereafter. The main idea for this question is to first assess whether Mithi is still linked to the flooding situation in the Mumbai as there have been interventions to redeem the River and improve its condition. 2. What are the roles different institutions and agencies play around governance of the river? What are the different instruments and mechanisms of governing the River? There are many institutions which are operating in the management of Mithi and the governance landscape has witnessed temporal change, this has resulted in the entry of many new forms of formal and informal institutions. Despite the devolution of power, the literature showcases that there has been no positive impact observed in the river’s revival. This further leads to question the role that various institutions have been assigned to perform and ways in Governance of Urban River Page | 24 which they are exercising this in reality. Furthermore the nature of the instruments which are at their disposal determines the mechanisms which are in place for managing the development in and around the river. At the broader level both the roles of agencies play and the mechanism present for their disposal are linked to the ideologies and vision that decision makers have about the development of river basin, which here can be seen as the lens with which they perceive the urban river. 3. What is the nature of the interventions proposed to revive the river? What is the status of these at the present and reasons for the same? What are the different discourses emerging from these documents? The existing literature portrays that the river basin management and development interventions are usually linked to the technical intricacies drawn from engineered principles which are disconnected or are at par with respect to the river is in an ecological system. This is also comes out strongly when International projects are seen as good case studies from which inspiration is drawn for local development practices. The socio- ecological aspects of the river and the sustainability is driven by these cases as established frontier role models. From the literature review it has emerged that politicisation of issues around urban environment leads to materialisation of interests of selected few which are campaigned and pitched as ground breaking steps in development of the city. Furthermore these don’t necessarily consider the River and ecosystem linked to it important to in relation to other development projects which bring in capital and have higher utilitarian benefits linked to them. Governance of Urban River Page | 25 4. RESEARCH DESIGN & METHODOLOGY From the literature review it has emerged that the Urban Rivers are prone to different forms of urbanisation driven by nature of urban political ecology of the city. The governance henceforth plays a key role in determining the manner in which decisions are made and executed - planning of rivers as engineered spaces which are managed and driven by experts and professionals who are subject to their own realities and limitations. Thus qualitative research will in one way humanise subject which has been technocratised as the absolute or the only way of perceiving the concept of river management or development. Moreover the research aims to explore the scenario occurring in the city and finding broad reasoning behind their materialisation. Governance is central to all that is occurring in the city – it is the backstage, front stage and also includes the direction of the play called “River Rejuvenation Plan”. Thus the research needs the theme of governance to be probed multi dimensionally, that which cuts across across time; space; agencies; tools and action of development. . Exploratory research which aims to understand the context – economic; political; social and environmental factors which are actively influencing the governance; building on it with the tools different stakeholders bring to the process and the interactions between and across them. Henceforth, the study is based on qualitative research which is driven by quantitative approach, performed through spatial; temporal and documentation analysis backed by qualitative and theoretical insights. The Researcher concurrently moved back forth across these, this provided an approach that is comprehensive and detailed. Research Design As mentioned previously, the study draws on events that are occurring and aims to understand the underlying reasons for the same, thus a mix of both descriptive and explanatory research was followed by the researcher, descriptive in order to understand “what exists” and exploratory to define the reasons behind the same. The study has both quantitative and qualitative components. Qualitative research which is effective in investigating and uncovering intangible factors such as the behaviours; relationships; contestations; beliefs and other factors which are not readily apparent to anyone as there are varied forms of narratives which are deeply seated in their own context and the quantitative component as the end product of the intangible factors working in the interplay of the Governance of the River. Evolving Research Design Research design underwent a lot of changes over the months as the focus of the study became narrower and deeper, especially in the descriptive part of the research where the understanding about Governance of Urban River Page | 26 the topic and events developed as more data was uncovered with relation to the reading scholarship and the status of realistic scenarios on the ground. The researcher primarily was assessing the cause of urban flooding in the city which had been covered in lot of academic work, but this was primarily pertained to analysing the reasons for flooding situation with technical approach. The literature review done by the researcher brought in the limitations of using that approach – wherein the floods are mechanically modelled. Moreover the governance mechanism which works in the backdrop of the event emerged out as the prime driver of the flooding. Narrative Research While understanding the governance framework many stakeholders emerged, performing different set of roles, it was important to capture the narratives of each of them as they were based in their own context. Narrative Research provides the flexibility to capture the context and background of each respondent and then allows the researcher to look at the story by cutting across the narratives of alland to come out with the most probable storyline. This enabled researcher to gain the knowledge around the various initiatives that have taken place for the case of flooding which pertain around the River’s governance. Moreover it was crucial to develop understanding of the various events that have taken place and the measures which have been taken in chronic manner. Furthermore as pointed out earlier the existing literature has limited its understanding to the status and kind of interventions proposed, here the attempt will to analyse the influence of these decisions and the reasons for the state of affairs. Grounded Theory Research This approach allowed the researcher to transcend existing literature and narratives that exist to develop new theory about the phenomenon theory backed by evidences. The researcher in the study moved back and forth different sources of data – the reports, analysing spatial plans, drawing out the policies and the cross checking the facts and developing understanding the experts have on governance. The data gathered from secondary sources and the different interviews which were conducted shed light on the interaction across and among various stakeholders involved in the governance framework of the River – state and non-state engaged in the governance of the river, allowed the researcher to draw the different threads and link the events around Mithi River and the floods and also to trace the process of decision making which is occurring around the same. These layers were not sequential but allowed the researcher to develop a story and come out with a most probable storyline around the topic. Governance of Urban River Page | 27 Research Tools This section elaborates on the tools that were adopted in the study to both obtain and analyse the data. The tools were primarily selected on the basis of understanding the researcher had gathered from the literature review; the methods evolved during the data collection period as anticipated and thus were never exhaustive in nature. Stakeholder Analysis The governance framework around the River involves multiple stakeholders who are performing distinct roles and function. The approach allowed researcher to gain the knowledge around the various roles performed by the actors with respect to the initiatives that have taken place around Mithi. Moreover it was crucial to develop the understanding the different events that have taken place and the measures which have been taken in chronic manner. Furthermore as pointed out earlier the existing literature has limited its understanding to the status and kind of interventions proposed, here the attempt will to analyse the influence of these decisions and the reasons for the state of affairs. Stakeholder Analysis allowed mapping the linkages across various stakeholders in relation to the interaction and contestations they have with respect to administration, decision making, execution and regulation of the river. Spatial Analysis Spatial scenario of governance especially with respect to the river was crucial in understanding the ways in which the river was being managed and being controlled. Moreover spatial analysis allowed the researcher to trace different events that occurred in various points in time which allowed the researcher to determine the governance mechanism operating on the ground. The domains of the different stakeholders were clearer in the spatial form and also the condition of the river in different sections of its course could be mapped and understood in a comprehensive manner with this approach. As there are different set of actors administering the river at different locations, spatial analysis was able to capture this. Thematic or descriptive analysis: This will be a result of the document research as well as the field research. There will be key themes which will emerge after studying various documents, these will be segregated with respect to the discourses that emerge on how the river is perceived and the roles various institutions are playing to achieve the same. This will have two layers with the roles the institution performs and is required to perform being mapped as layer I, then attempting to analyse the kind of intervention is proposed as layer II, layer III will be the status of these interventions, and the reasons for the same and layer finally layer IV will be assessing the reasons that influences the nature of the intervention. Governance of Urban River Page | 28 Data Collection Method After both the parts of the research are collated, following data collection methods were used to draw out the different kinds of approach the researcher took. Direct Observation: The detached perspective was used by the researcher to triangulate and also analyse the changes that the river has undergone and the present state of the river which will be backed by document research. Moreover the condition of the river in its entirety is not the uniform throughout its course, thus this approach allowed to understand the various intricacies associated with the hydrology and development around the river. Key person interviews: These are semi structured interviews which were conducted by the researcher that focused on the research questions but also give room for the interviewee to bring forth any key issues that the researcher is oblivious to which is important and relevant for the study. This flexibility was kept in mind so as to allow discussion based conversation with the experts which have their own sets of realities. Sample The sample was purposive in nature, as the interviews were specific to people who were part of the process in the past or serve important roles in the present in the various institutions mentioned in the previous section. Furthermore they were stratified based on the role they perform(ed) around urban governance in day- day activities and during the scenario when flood occur. The main agenda was to get the insight of each institution. Sources of Data Primary Sources This included the data that was obtained from interviews with the experts and the key stakeholders. Furthermore this includes the observations the researcher has on the field which was captured by direct observation and photographs. These were captured at various points in time in order to attain a holistic view to build on the themes around the topic. Secondary Sources The data obtained from the reports, news paper clippings, spatial maps and the various policy documents which were linked or relevant to River Governance and planning or to Mithi. Governance of Urban River Page | 29 Spatial Plans Spatial information obtained from the cartographic images and other source for various periods which were taken from the reports prepared by various agencies at different points in time. Some plans were also made by the researcher to get an overlay of the events with Mithi River. Reports These were the official reports prepared by agencies about Mithi, this includes the reports coming from academic institutions, local governing institutions, regulatory authorities, private consultants and other civil society organisations. They were chosen as the researcher came across the existing literature or was guided by the experts to refer to them. Thus the repository of the reports was created by the researcher as she read more and spoke to more people. Site “Like most rivers, the Mithi's bed is narrow in the initial stretch and wider at the mouth near BKC. Mahim Estuary acts as a filter for the ingress of seawater, as well as a drain for the river. Because of the very steep gradient in the upper reaches, the flow of the Mithi is generally swift. In the lower reaches, the bed gradient becomes moderate and the river becomes more sluggish as it approaches the bay. Based on the gradient, the river may be divided into four distinct reaches with steep bed gradients of 1:200 from its Vihar Lake to JVLR, gradient of 1:450 downstream up to MathurdasVasanji (MV) Road, moderate bed gradient of 1:850 further downstream up to S.G. Barve Marg Bridge, and a flatter bed gradient of 1:4000 up to Mahim Causeway” (Committee, Fact Finding Committee Report , 2006). The researcher has studied different aspects of the river as a whole but has picked up some elements of the river for arguments of ground realties. Special attention of the study was given to the last stretch of the River which has been tampered with the most as the river stops moving at this point and major development changes have taken place in this area which are claimed to be the reasons for the recurrence of the floods in the city. This area is highly contested and has been accused to be the trouble maker, moreover the last section of the river is most crucial for draining the contents to the Bay here thus affecting the overall River’s hydrology. Operationlaisation of the Research The prime questions around the objective and the approach to it is mentioned below: 1. How is Mithi River perceived in relation to the urban floods which have occurred in the city at various points in time? : The main idea is to assess whether Mithi which was demonised as the cause of the floods in 2005 continues to be one of the main reasons for flooding in the recent urban floods in the Governance of Urban River Page | 30 city. This was done through narrative mode of research which adopted spatial, and document analysis. 2. What are the roles different institutions and agencies play around governance of the river? What are the different instruments of governing the River? : As specified in literature review the governance of the river is highly decentralised with different actors performing distinct role. They perform the role by utilising different mediums; this can be policy, spatial plan or judiciary. To gauge the overall understanding on the governance landscape, the whole some perspective is needed. This will be achieved by stakeholder, spatial, documentation and thematic analysis. 3. What is the nature of the interventions proposed to revive the river? What is the status of these at the present and reasons for the same? What are the different discourses emerging from these documents? : The key objective here is to critically analyse different forms of decisions which either conceptualised and/ or executed thereby trying to understand the discourse around the river. For this spatial, document, stakeholder and thematic analysis was used. Ethical Considerations The very nature of qualitative study involves interaction between researchers and respondents which is usually ethically challenging for the researcher who has to personal and as well as not get attached to their own bias for the study, making formulation of ethical guidelines essential for the study to be rich and apt. Informed consent is of utmost importance while performing research which involves personal interaction with stakeholders. The researcher was particular in gaining consent for sharing or even using the data that was passed on; this included the verbal and non-verbal information. Moreover the researcher was careful as to maintain confidentiality, where no personal information about the respondent is shared in any form. Furthermore for the key person interview, researcher made an effort to state the reason for performing this study and also informed about the manner in which the data gained will be used. Since the topic is based on environment, the researcher was very careful so as not to bring in the personal bias for the topic while analysing the data and made an extra effort to base the findings on data and events and not on morality. Governance of Urban River Page | 31 Limitations and Challenges The major limitation that the researcher has for performing the study is to obtain narratives from the key stakeholders that are aligned with what is practiced on the ground and the ideologies they hold. The respondents often hesitate or state the right reasons and the story line linked to events that have occurred or are yet to occur. Additionally the researcher’s lack of expertise in the field of hyrology which would have been helpful to scientifically prove whether the steps chosen by the stakeholders are in line with the science behind it, a background in hydrology would have been much more helpful although the study was around the governance of the River. Furthermore the researcher’s bias and stand on the different events was kept aside even while writing the thesis but this a major challenge for the researcher. Governance of Urban River Page | 32 5. MUCKY MORPHING OF MUMBAI’S MITHI The Chapter will have the transformation of the city and the river as a conversation over the years; a story where one shapes and influences the other and finally to showcase the trajectory Mithi underwent from a river to what it is now a mere Nallah which serves as the sewer system for the city. This the story of a process, the transformation of an estuary to a land bank which reclaimed space for development from not just the sea but also from the floodplains of Mithi. Connoting Mumbai as a landmass which has well defined edges and is impervious to the sea that encloses it on all sides as a peninsula and Mithi as a river or a Nallah has been a gradual process which is portrayed by the morphological transformation of the city and water course which have either been lost or have come to be as we know it today. It is the resultant of the many steps that have been taken in and around it over the years; this includes taming of the river and also points to the development that the city has seen over the years which has shaped the course of our Mithi for what it is today. Floods of 2005 were a precursor of range of events that shaped it into a deluge unlike any other, but in the process of this disaster emerged the demonic river cum nallah, Mithi which till date is regarded as one of the main cause of the floods that shut down the “the city that never sleeps” for over 48 hours. An estuary is the interface region where the fresh water environments of the rivers transitions to the saline water of the sea. Because the rivers forming estuaries deposit eroded materials and estuaries can host a mix of freshwater and salt water flowing in from the ocean, these ecosystems are among the most productive on Earth. This means they create more organic material than most other types of environments. All of this organic matter creates a nutrient-rich ecosystem that animals rely on for food. The uniquely sheltered environment of an estuary is also important to the diversity of the ecosystem. Estuaries provide a safe place to live, a breeding ground, and a safe rest stop for migrating animals, along with the food needed to survive. The result is a rich, diverse, and important place for a variety of animals and plants. The estuarine region is the prime identity of the city; the monsoon which brings in fresh water meets the sea which surrounds the city through rivers which flow through the low lying areas of the region. This relation that the monsoon has with sea has been lost with reclamation of the land between the seven islands which now forms the Island city of Bombay, with more focus being given to the land for development the fresh water sources are losing their identity as well as their form with due course of time (Kirtane, Making the sewer a river again , 2011) (Mathur & Cunha, 2009). The city is surrounded by sea on both the east and west face and is connected to mainland by reclaimed land masses which came up on the third coast which are the creeks which existed in the Governance of Urban River Page | 33 earlier days connecting these landforms. On one side the reclamation juggernaut now allows the island city of Mumbai to accommodate the future millions to come, Salsette Island to its north with its large tracts of thick forests set amid the hills remained untouched for a fraction of the history after Figure 1 The seven Islands and reclaimed lands (Source: (Committee, Fact Finding Committee Report , 2006) which the city spread out to this area which now covers the entire Mumbai Metropolitan Region (MMR). Development on Salsette Island was punctuated with the construction of the airport in 1920 Governance of Urban River Page | 34 near Santa Cruz which was in the estuarine reach of the Mithi River and its tributary known as the Vakola Nala, thus putting Mumbai on the world map (Kirtane, Making the sewer a river again , 2011). The map above shows the original seven islands which existed and the area that has been reclaimed; this was mainly carried out under the colonial rule. The area which falls under present day Dharavi was estuarine Bay which was mainly covered by Figure 2 Mumbai's wetlands. Source: Mumbai Port Trust Governance of Urban River Page | 35 mudflats and mangrove forest inhabited largely by Kohli community. With land reclamation at frequent accounts and dumping of solid waste (as the area at the time was located on the outskirts of the city) affected fishing activity and also severed the contiguity of the Mahim and Mahul rivers that adjoined the area. Reclamation of these low lying areas resulted in the area which now provided thousands with living space in an overcrowded city. The map above of Bombay Trust that does not even mention the 'Mithi', but shows Mahim River as an extension of the Mahim Estuary. The green hatched patch shows the marshy or the estuarine region of the city. The hatched patched which show the loose and wet relationship the River had with the region which was flooded by Mithi’s waters. So Mithi or at the time also referred to as Mahim River emerged as a fresh water flow post the establishment of Mahim Causeway on the Mahim Creek which separated the Salsatte and Bassein island. The land fill development divided the creek and limited the water body into two flows- Mahim River that flowed towards Mahim and Mahul River which flowed to Sewri; previously part of the sea but now meet the sea at the two specific points. Mahim River served the city as a means of water supply and fishing ground for the kohlis till the early 20th century. Due to the absence of fresh water sources and increased demand by the growing population residing in the Island City artificial sources were created in the Salsette Island. Mithi was redirected to form the Tusli, Vihar and Powai Lakes which were identified in areas where the monsoon run off could be captured. The construction of the lakes happened in due course of time but with these three lakes the course of the river changed for the first time (Mathur & Cunha, 2009) (Kirtane, Making the sewer a river again , 2011). Thus started the different forms of embankments or development practices that were influenced by urbanisation which started deviating or moving away from seeing the River as a water course but River which gave some returns to the city. With limited land in hand and low lying estuary in and around the city, reclamation continued across different fronts of the island city which is present day’s South Bombay area. The estuarine nature of the area has lost its pristine environ over time. “Between 1966 and 2005, there has been almost 50% reduction in river width and 70% decrease in mudflats and open spaces. The simultaneous upward trend in concretisation of the catchment area from 29% to 70% in the same period has reduced the porosity and infiltration capacity of the ground, which in turn, has increased the run-off of rainwater and also adversely affected the ground water table” (J. Kamini, 2006). Worse, the conditions had increased the risk of flooding in the city and then we had the great deluge as we know in 2005. The deluge brought back the “Mithi” not as a Nallah but as river back on the agenda which required immediate attention and work with relation to its revival. The layout below shows the transition Mumbai has undergone from 1700s when the city was just an estuary. The construction of the Sion and Mahim Causeway was the first step in bridging the two islands together. With rise in the population of the city, sources for fresh water supply were created; Governance of Urban River Page | 36 Vihar, Tusli and Powai are artificial lakes created by daming Mithi in order to meet the demands of Governance of Urban River Page | 37 the city which collected the fresh water as a reservoir during monsoon. Located in rain fed region, monsoon is a blessing for the city which just needed a means to harness it and dam it for use. Thus the three lakes and Mithi served the City for drinking water purpose. Due to land shortage in the Island City, at many points in time the land was filled to create land banks for development. Of all, the most significant were two – one in 1975 for BKC and other in 2000 for the International Airport. In both the instances there was urbanisation and development underpinned under acts to capitalise land and to create land pools in the city. Both the cases showcased an approach to the River which was ignorant to River’s identity as a water course that flows and not a potential landmass for encroachment.. With both these reclamations marking a big dent in the shape and form of Mithi which now was being tamed to flow in a designated path and through underground passageway, the relationship between the city and Mithi was becoming uglier or toxic, toxic as the River was no longer serving the purpose of supplying fresh water or was a source for deriving fishes and other utility. Now Mithi needed to redefine its purpose in the city. The River’s morphology is what makes Mithi that it is today. The urban in the river is the derivation of all events and activities which mainly is the process the process of urbanisation that took place in the past or those which occur every day. To understand the urban character which varies along its stretch – the sections which vary because of the hydrological factors; the land use in and around the area Governance of Urban River Page | 38 Sections of the river – hydrology To understand Mithi, we need to understand its hydrological form and shape which makes it flow from the lakes in the SGNP area to the Mahim Bay. Mithi spanning a total distance of about 17.84 km originates from the tail discharge of the Vihar and the Powai Lake – 246 m above sea level, an arterial river that spans along north-south axis of Mumbai’s mainland and flows through different sections of the city which have varied urban form that determine diverse forms of activities. There are 70 Nallahs or outfalls which discharge their outflow into the Mithi. The upper stretch from Vihar Lake to Andheri-Kurla Road has a very steep gradient whereas downstream part after this has flat gradient thus there is a sudden discharge of water in the downstream of the river. The last stretch of the river which is about 8.23 km from the Mahim Bay is also influenced by tidal effect making this section of the river vulnerable to flooding. Figure 3 Longitudinal section of Mithi. Source: (Committee, Fact Finding Committee Report , 2006) As seen from the figure above there is sharp decline in gradient of the River which originates at a high altitude and traverses through the city to flow to the Mahim Bay in the downstream area. This highlights the sudden flow of River in last section or stretch of the River, thus making it important part of the River’s section where the River expands and should ideally flow freely without any restraint. or obstruction. Currently Mithi comes under the jurisdiction of both MCGM and MMRDA with former managing 10.76 km in the upstream setion and latter has 6 km in the downstream part of the River under its control. Mithi has one major tributary which is the Vakola Nallah that meets Mithi in the last section. Vakola Nallah is about 3.8 km in length wherein MMRDA manages the 1.8 km stretch of it and rest is under MCGM. Governance of Urban River Page | 39 Sections of the river – Activity and Land use Mithi interacts with Urban as soon as it flows but the nature of the interaction differs as it flows from source to the end poin. The interface of the River with the city can be classified into three main parts of the - National Park, the urban interface (developed area) and the estuary. The river has a catchment of about 7,295 hectares wherein the major portion of it is covered by the mangroves. The River’s urban interface can be further classified into the – ecological transect wherein the River still has some linkages to the natural landscape of the city (but this is limited to first part of urban interface) ; Industrial transect near Sakinaka and JVLR road where we find the small scale units operating on the banks of the River; the Airport transect which the river disappears from the map for a short period emerges runaway; from underneath Informal the settlement transect has a large chunk of River’s fringe area occupied by slums; the last section is the financial hub – Bandra Kurla Complex which now houses the main branches of some big International and National Banks and other Multinational corporate offices. Urban- ness in the River Within this evolution of the city and the environment setting, the modern city and nature dichotomy is challenged. The degree of intolerance that natural process has as a value is least for surface water, marshes and floodplains where the intrinsic suitability for the medium to be put for urban use is the least, Mcharg describes the intolerance with respect to the inherent nature of the surface water to adapt or respond to anthropogenic activities. These areas have high resistance as they follow nature’s principles which do not conform or can lead to conflict with our (humans) everyday practices. As put by Mcharg in his book our society seems to comply to an implicit law that disregards the value the estuarine region and bayshore hold and allows- all disposers of rubbish and garbage, all those gratify their heart by filling land to choose these areas for their fulfilment (Mcharg, 1992). The story of Mithi is one such narrative which displays this in reality. Succumbing to the household garbage, industrial Governance of Urban River Page | 40 sewage, other pollutants and encroachments, Mithi River barely manages to merge with Arabian Sea at Mahim Bay. During the monsoon she floods and in the summer she struggles to flow, at the moments the river is portrayed to be seasonal but when we go back in history the river was perennial in nature as noted by Janak Daftari, water conservationist heading Jalbiradari (NGO). So when the city was hit with unprecedented rainfall and the high tide coincided with this phenomenon wherein the natural storm water drain was unable to flush out the excess storm water from the city’s low lying areas 22% of Mumbai’s land was submerged. Excluding the hilly areas of Forest and Lakes, the city sunk 13 million people and as per an estimate, more than 1,000 lives, 26,000 cattle, 350,000 homes and INR450 Crore were lost on the tragic July 26th of 2005. A river in the urban area is no longer seen as the picturesque view where it meanders through a natural landscape. It becomes something complex which is predetermined by us – urban creatures. Zimmerman (1951) who claimed that “resources aren’t, they become”, wherein he points out that the resources which are a part of the natural environment are perceived to be of use, to satisfy human needs and wants. Thus with change in the perspective, the characteristics of natural resources varies (Hooper, 2005). An urbane river is a product of anthropogenic and natural activities which are guided by the physical, chemical and biological processes that occur on the interface between the rivers as water course and urban form. A river flowing through a city interacts with the development that takes place in and around it; it now becomes nature that is part of the city and not the nature that exists in its pristine form. This neglect of urban nature has been connected to the modern separation of nature and society through which ‘the city’ has for a long time been considered to be the very antithesis to nature. The city as a human creation is often not seen or treated as a natural ecosystem. Becoming a part of the city gives a clear cut divide between the river and urban setting which surrounds it. Thus we fix boundary, provide a social construction to this river which normally is absent in the natural setting. Desired development along the River So depending on the land cover (vegetation, open area and other topographical features), land use (existing), wetland vegetation and river’s hydrological features following recommendation for the desired development in different sections along the river was provided by IIT-B in their report (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - First Interim Report, 2005). Governance of Urban River Figure 4Classification of desired activity around the River. Source: (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - First Interim Report, 2005) Page | 41 Figure 5 Natural Landscape around Mithi Based on the table and the map which highlights the ecological parameters that need to be connected or considered while planning and governing the River. These layers layout intricacies in the system which make it clear that the River can’t be just reclaimed when needed and there are various aspects that needed to be accounted for before proposing and planning any development in and around the River. These are recorded after considering the different layers linked to River. Governance of Urban River Page | 42 Seasonality in the river Mithi has been transformed into seasonal river, dependent on monsoon for the water it receives from the lakes and the surface run off from its catchment region. Thus Mithi flows during monsoon, however for the rest of the year it may run dry assuming that sewage and effluent disposal is arrested though that isn’t the case for the river which flows throughout the year thus the act of flowing indicates the inability of city’s administration in performing their civic duties – management and proper disposal of waste. In the present times Mithi is Nallah which serves the city by carrying all the waste from its embankments to the Bay at the cost of - the hygiene of people living on the low lying areas; the taxes paid by citizens of the city for civic services by local authorities; the dwindling condition of the biodiversity found in the floodplains – the shrinking numbers of the mangrove areas in the river (excessive siltation leads to their death); the unregulated formal and informal development taking place in and around the river despite having all the policy framework in place. Function of Mithi in Mumbai – temporal shift As presented in the previous section the river’s utility is no longer tied to supplying fresh water to city nor is it used for fishing purpose, the river is now a mere sewer or Nallah of the city (Kirtane, Making the sewer a river again , 2011). The river was a storm water drain which used to flush out the discharge from the other fresh water sources and the monsoon to the sea. It has already been established that Mumbai is primarily an estuarine region which has been landfilled at different points in time to become the city we know today. As mentioned in the book Soak it is very difficult to enforce firmness anywhere, particularly in Mumbai where the rise and fall of the sea is not limited to coastline. On one side there is the vast sea which flows in and out of the city and the rains which are finicky and don’t have a fixed pattern, the unpredictable behaviour has become especially with the influence of climate change in the round corner they have become more and there is a lot that city needs to reconsider with the rising sea level. Mithi found its identity during the deluge of 2005, the rains were unusual as the average of the whole season of that year poured down on that day and coincidentally the high tide timing was also misaligned with that day’s affairs. It was the day the Mumbai as a city gave a test, at the physical infrastructure level and also at the community cohesiveness which saved many on that day, the city was shocked with the floods at different layers – economic, social and environmental. Until the great scare the Mithi was largely unknown to the Mumbaikars and was viewed as a Nallah which flowed in their backyard is facing the grim problems of a range of atrocities by the Mumbaikars. With reference to the previous section, it was only a matter of few years that resulted in the transformation of a river that flowed through the city to become a Nallah which has been directed and tamed to follow a defined path. Governance of Urban River Page | 43 The urbane- ness in the river is derivation of our contribution to the river which mainly is the pollution and the concretisation. Does that mean an urbane river is no longer characterised by blues and greens? Yes, the tall buildings, large industries and other development projects in the city around the river gives it darker shade which is more grey than blue. This greyness keeps the decision makers at toes as the river no longer serves the purpose it used and now doesn’t hold value in our lives, this creates contestation and gives room for urban political ecology to take shape in the form of governance practice at different stages – decision making and the executions stage, such that it benefits the few and the rest are down trodden. Urban spaces are defined by human activities; the urban character is the result of engagement with the surrounding which is based on a purpose, purpose which then defines the value the human holds to the surrounding and the surrounding responds to the activity performed. At the moment the urban rivers all around the cities are in a peril condition as they no longer are seen purposeful and thus are devalued for what they actually were. . ‘Nature’ is to some extent brought back into the city, yet this ‘reintroduction of nature’ into the urban realm does not follow any consistent narrative, but is rather fragmented in space and time, and often emerges as contradictory and highly politicized. Furthermore, despite a growing recognition of the importance of the urban environment, “a paradoxical form of inaction is the norm when it comes to implementing urban environmental solutions” (Follmann, 2016). Does that mean we can no longer have a river in its natural form in the city? This requires a vision and purpose which goes beyond the river as a resource but as a means to allow the citizens to engage with the river. But will aesthetic improvisation, as described in the literature review are the infamous riverfront projects across the world would lead to healthier relationship? Yes, in many ways but does that mean river should be concretised and made more pleasing while disregarding its form to flow and flood? No as this goes against the law of nature where the water moves from a area of high pressure to low pressure and this doesn’t have any exceptions or conditionality, thus recommendations which don’t comply to this can only bring in more disasters in the future. Is there means to unravel this? Yes, the governance of the river holds a key role in understanding the manner in which river is perceived by different stakeholders; the means of decision making through which it is envisioned to be a part of the city and the actualisation of these plans on the ground. These at the end actually give the color or here the shade of grey to the river. Governance of Urban River Page | 44 6. ON GOVERNING THE URBAN RIVER A long set of events had occurred and series of every day practices resulted in the deluge of 2005.The change in River, from a blue flowing natural drain to grey channel has been largely driven by political decisions that are then planned and executed on the ground by different (bureaucratic) state institutions. Thus there is another narrative we need to attend to which helps explain the historical timeline and that is the governance narrative; the political foreplay and backstage events that has shaped the present. The transition of an Island to Metropolitan landmass was driven by the governance decision making and planning are done at the three levels – National, State and Local wherein it’s not just the Government but also involves other stakeholders. Institutional game at play resulted in Governance of this Urbane River which becomes a process of interactions, negotiations and bargaining among a multiplicity of state and non-state actors (KOOIMAN 2003, RHODES 1996). Governance decision making involves the conceptualisation of the river at the primary stage, developing strategies for planning the development that can occur in and around the river, the policy which regulates and supports the same and then the execution of these plans on the ground. Every stage involves different of various actors at different layers who influence the river’s development. The various levels of decision-making can be recognised in any river basin management: individual, operational and strategic/policy levels. They are driven by market signals, guidelines for resource use, political processes and operate within current institutional arrangements and administration for resource exploitation and conservation. Similar is the scenario for Mithi where there exists a hierarchy of institutions which have authority and power and act in accordance to the urban political ecology that exists and functions as a machinery of benefiting few over the rest. The Evolution The collation of the seven islands – Mahim, Worli, Parel, Mazgaon, Mumbadevi, Colaba and Old Woman’s Island formed Bomb Bahia. Mumbai city under the colonial rule was limited to Salsatte Island; Bombay Municipal Corporation Act of 1988 constituted Bombay Municipal Corporation as an agency which administered the land that " includes land which is [being built upon or is built] upon or covered with water, 'benefits to arise put of land, things attached to’ the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street” (BMC, 1888). The jurisdiction area spread beyond the Salsette Island into the suburb (at that time) at the Bassein Island .The Bombay Municipal Corporation (BMC) Act was enacted giving rise to Local Self Government. This was the first attempt to regulate the functioning of the city in a planned manner. . The BMC Act mandated environment status report of the city to be prepared annually but this wasn’t followed up. Governance of Urban River Page | 45 Due to the plague of 1896 most of the population left Mumbai and the city faced commercial extinction. This led to the formation of Bombay City Improvement Trust.Established on in 1898 under the Bombay Act IV, Bombay City improvement Trust’s role was to mitigate the ill effects of unplanned development in the city this included removing or demolishing the insanitary housing infrastructure and units, developing the Salsette Island and to reduce overcrowding by undertaking new housing projects and widening roads. Bombay province was the first to enact town planning legislation i.e. The Town Planning Act 1915 which facilitated the preparation of Town Planning (TP) Schemes to promote planned development. This was soon followed by the Mumbai Town Planning Act of 1954; this over ruled the earlier Act of 1915 by making it obligatory for local authorities to prepare Development Plans for areas administered by them within the stipulated period in addition to the Town Planning Schemes The city urbanised at faster rate with a sharp 50% increase in the population of the city during the period of 1951-61 and this went up to 80.8% in the next decade, the economic and industrial growth was the main reason for this the rapid growth in demographic dividend which was limited by the barriers in expansion of the city due to its geographic location. Barve Committee was formed in 1958 to look into the emerging problems of traffic, lack of open spaces, housing shortage, concentration of industries; the study highlighted the need for regional development to mitigate and solve the concerns mentioned before but this report at the time didn’t mention the water bodies or rivers in the region. This was followed by Gadgil’s report which was submitted in 1966 wherein the committee recommended forming Regional Planning board for notified regions under Regional Planning Act. The response to this was the Maharashtra Regional and Town Planning (MR&TP) Act, which was passed in 1966. A draft Regional plan was prepared in 1966 which got approved by the state government in 1970. The first development plan of Mumbai was prepared by the BMC in 1964, but was sanctioned in parts between 1965 and 1967. The first DP was initially planned for the period of 1964 to 1977 but extended to the period of 1964-1981. The primary focus of this DP was on (i) providing various amenities in line with a land use plan, (ii) shifting the development to the near suburbs; (iii) restricting operations of industries, trade and population concentration on the island city. The development Control Regulations; directive for enactment of the Development Plan didn’t classify the water bodies in the No-development zone, which at the time was limited to green spaces of the city. The only provision for water courses 3 was a clause which specified no development will taken on both the sides of the bank of river, this was a setback of about 15- 25 feet and this could be over ruled in cases where in the low lying areas the water channel doesn’t have defined and permission for development that 3 Water course were defined as natural or artificial channel created to carry storm water either from a single property to another or from several property Governance of Urban River Page | 46 could only be granted by the Commissioner (MCGM, DCR, 1967). The focus of the DP and DCR of 1967 was to mainly plan the commercial and industrial development of the city with much stress on the provision of amenities and services supporting the same. In 1957, forest department had notified 305 private plots adjoining the National Park as forest lands Revenue department was not informed and development on these lands was allowed. The forest status was never reflected in any Development Plans Government's decision could affect thousands of people already staying in the area. With respect to the MR&TP Act a regional plan which was limited to land use zoning was enforceable but the means to attain public investment in infrastructure, pricing and fiscal instruments for development were absent. The five year economic plans also didn’t have mechanisms or means to look into this aspect of regional planning. Thus Regional Plan of 1970 which was prepared by BMRPB (Bombay Metropolitan Regional Planning Body) remained a basic land use plan where environment considerations were largely absent. Bombay Metropolitan Regional Development Authority was constituted in 1974 under the Bombay Metropolitan Regional Development Act with a perpetual existence for bringing about integrated and balanced regional development as it was realised that there is a need for an authority which will plan, execute and co-ordinating development in the Mumbai Metropolis in totality as the suburbs were expanding at remotely fast pace (BMRPB, 1970) (Government, 1974). MMRDA was established as an agency of continued existence for implementation of plan. “It is therefore incumbent upon MMRDA to formulate a comprehensive growth management strategy including not only the land use allocation but also the financing, resource mobilisation, fiscal and institutional mechanism as a part of Regional Plan formulation” (BMRPB, 1970), here the focussed role of MMRDA was centric to land as a resource and limited to the utility of it as a means to finance infrastructure. Governance of Urban River Page | 47 The Regional Planning Board recommended developing Navi Mumbai as another centre and accordingly CIDCO was established in 1970. The very same Barve Committee building on the Modak Meyer Report (1948) had also proposed to put land near Bandra-Kurla area as a prime location located mid-way to major transport corridors – Road, Railway and Airport. The plan for BKC was also pursued in the Regional Plan (1970) and the Development Plan (1967). The 800 hectares of land required for BKC was already in place at the time but with sue time there were several major developments which took place in the area thus a move was made on Mithi. The report by BMRDA on the BKC proposal states that the move to acquire land from Mithi will not only benefit the city in obtaining a new commercial centre but will also relieve the River from the pollution and siltation that Figure 6 BKC plan as proposed by BMRDA is occurring in the water course. The reclamation would result in removal of the rocky bar at Mahim which obstructs the free flow of the river and would channelise the river resulting in increase in the tidal influx. Under the act of environment improvement there were proposals for open and green spaces on the bank which never came up till date. Moreover the land under CIDCO was taken for development of the complex but still short of land, the BMRDA under the direction of Government of Maharashtra asked CWPRS to study viability of reclaiming more land for the project with respect to the hydraulic conditions of the river’s catchment area (BMRDA, 1979). BMRDA was named as the SPA who had the authority to develop the BKC Area. CWPRS worked on the Report “Effect of proposed reclamation on Mahim Creek” where the report stated that the additional 220 Hectares can be reclaimed from the catchment area if some conditions are met by MMRDA, it must be noted that Governance of Urban River Page | 48 all the conditions weren’t carried out by MMRDA and the area was filled and developed. All the measures were to be done on the last leg of the River which is the most important section of the river where it needs to breathe but many important recommendations which were necessary haven’t been implemented till date (CWPRS, Effect of proposed reclamation on Mahim Creak, 1978). Mumbai was hot with floods in 1974 after which the Natu Committee was formed in 1975 which highlighted the high rate of urbanisation that had occurred in the city leading to increase in the impervious area thereby leading significant rise in the surface run off. Rapid urbanisation and concretisation was significant across the city by then. Additionally there were set of recommendations provided in the report which were specific to Mithi – pumping stations, electrically operated sluice gate at the Mahim Bay (this was re-iterated by many reports which follow), upgradation of the open drains and their regular de-siltation. The Dharavi area which became a densely populated settlement in short course of time between 1930 to 1970s, the area corresponds to mud flat regions of Mithi thus the low lying area often faced flooding problem. A group of private consultants were hired to develop a plan which can resolve the chronic flooding problem in the area. Shah Technical Consultants study found that the chronic flooding in Dharavi occurs when the High Flood Waters in Mahim Creek basin reduce the discharging capacity of Dharavi's drainage system. Thus a proposal for storm water drainage network was given by them in 1988 (Consultants, Shah Technical Consultants Report, 1988). The proposal of the report included raising the drainage between Dharavi and Dadar and a pumping station which was also proposed in the area that wasn’t taken forward. The year 1974 also brought the National Water National Water Policy, and Water (Prevention and Control of Pollution) Act which now mandated Pollution Control Boards (PCB’s) to regulate pollution discharges and restore water quality. As a State Pollution Control Board, Maharashtra Pollution Control Board is responsible for regulating the pollution level of the Mithi River which includes the water quality control as mentioned in National Water National Water Policy, and Water (Prevention and Control of Pollution) Act of 1974. MPCB 4 functions under the administrative control of Environment Department of Government of Maharashtra. Some of the important functions of MPCB are to plan, collect, inspect, disseminate information for the prevention, control or abatement of pollution of natural resources and secure executions thereof” (TERI, 2015). MSDP or the Mumbai Sewerage Disposal Project refers to sewage master plan that MCGM had developed in 1979 and prepared by Metcalf and Eddy inc. has been the base map for the conveyance & disposal of sewage in Greater Mumbai area until 2031. There was two phase development wherein the first phase ended in 2005 and second is still in the pipeline. 4 MPCB was formed under the provisions of section 4 of the act. “MPCB is bound to implement various environmental legislations in the state, mainly including Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Water (Cess) Act, 1977 and some of the provisions under Environmental (Protection) Act, 1986 and the rules framed there under like, Biomedical Waste (M&H) Rules, 1998, Hazardous Waste (M&H) Rules, 2000, Municipal Solid Waste Rules, 2000 etc Governance of Urban River Page | 49 The Forest Conservation Act (1980) and the Environment Protection Act (1986) brought the mangrove covered area as protected zone which couldn’t be tampered; this was disregarded in the previous developments that occurred in the area. As a result of this an area of about 184 Hectares in Mahim Creek was declared as "Protected Forest". In 1985 there was a major flood that occurred again the city in response to which UK based consultants - Watson Hawksley International Ltd were hired to prepare Master plan for SWD system for the city. The report was published in 1993 and proposed plan to enhance the drainage system through larger diameter storm water drains and pipes, using pumps wherever necessary and removing encroachments. The study highlighted the need to rework on the ancient drainage system the city was dependent on for years now was only capable of handling 25 mm/hr of surface runoff at low tide, if greater then there are high chances of water logging. The report also pointed out to the fact that the storm water and treated sewerage has outfalls in the sea thus tidal variation has major bearing on SWD system of the city which is true till date. A storm water catchment for Mithi River was proposed here which hasn’t been actualised till date; this was seen crucial to segregate the sewage from the storm water (Watson Hawksley International Ltd, 1993). The report looked into the hydraulics of the Mithi in parts and not the whole functioning river ecosystem. “The extensive painstaking work carried out for BRIMSTOWAD report was not adequately publicized and discussed within the municipal wards and ALM-groups” (Committee, Fact finding Committee on Mumbai Floods, 2006). The Development Plan which was finally prepared and sanctioned in 1981 was revised in 1991 and was adopted in 1994 as Sanctioned Revised Development Plan (SRDP). In 1994 Environment Impact Assessment Notification came into force under which it became compulsory for any new project listed in Schedule I thereof to obtain clearance from the Union Government, which was constituted as the Environment Impact Assessment Authority (EIA Authority); Coastal Regulation Zone was also introduced which now defined the kind of development that can take place along the coast. Mithi River falls under CRZ – I 5 & II 6. These rules were notified again in 2011 and a Coastal Zone Management Plan was prepared. For CRZ-I no construction activity is allowed in this area except exploration of natural gas and extraction of salts and the latter zone can have infrastructural facilities such as water supply, sewerage, drainage system along with approach roads and other infrastructural facilities which have been legally designated as urban areas by the municipal authorities, moreover slum rehabilitation schemes are also allowed here, these change were made in the 2011 notification. With the introduction of EIA as a mandatory process in project approval NEERI filed a PIL at Supreme Court demanding the need for EIA to be carried out for BKC plan proposal which will result 5 ecologically sensitive areas- the area of up to 500 metres from the high-tide line (HTL) and the land between HTL and the low-tide line (LTL) 6 already developed or urbanised areas - coastal area within 500m buffer from sea and 100 m or equal to the width of the creeks whichever is lesser that is already developed Governance of Urban River Page | 50 in destruction of a large chunk of mangrove cover in the area that can lead to flooding scenario in the region. The MMR Regional Plan (1996-2011) had a lot in place for BKC’s planning proposal, though it stressed a lot on the CRZ regulation and CZMP- at a number of places, like Versova, Bandra-Kurla Complex, Millat Nagar, Mumbra, Andheri and Charkop, there have been blatant violations of the Coastal Regulation Zone and plan didn’t have Mithi as a river. A PIL was filed by Mr.Kirit Somaiya, ex-M.P in the High Court deal with the problem of Mithi’s pollution and the lapses & omissions on the part of various Authorities while dealing with the illegal encroachment and unauthorized units, which have reduced the Mithi River to a gutter nullah (Shri Kirit Somaiya V/s State of Maharashtra & Ors., 2005). The case took up the issue of high level of pollution of Mithi, which has led to chronic flooding problem on many parts of the constituency with Govt. Authorities. A complaint was lodged with the CPCB informing that the section of the river adjoining the Airport has become gutter nullah. Moreover he appealed his consistent two year struggle with the authorities who haven’t taken any concrete steps for the same. The Court directed MPCB to take action against these small scale units which have been operating illegally by cutting out the electricity and water supply if need be. Moreover MCGM was directed to handle the open defecation and solid waste disposal issue. Thus Mithi’s polluted form was broadly recognised and accepted and Klean Consultants were hired by MPCB to make a report on Mithi River’s Water Pollution and Recommendations for its Control. The report ascertained the high pollution level of the River with high C.O.D and B.O.D levels. Furthermore the report provided evidence about the direct disposal of solid waste and sewage into the river. The report demanded an immediate closure of industrial unauthorised units which were discharging their effluents into the River without treatment; a solid waste management plan which covers the area around the river; dredging the entire stretch of the river; provision of sewerage lines on both side of the banks of the river and to re-use the treated river water in industry and watering greens spaces (Consultants, Klean, 2004). None of the recommendations have been completed so far. Chhatrapati Shivaji Maharaj International Airport (CSMIA) revamped the condition of the Airport, this included include modernization, development and expansion of passenger terminals, runways, aprons & parking bays, construction of taxiways, vehicle parking and other utility services including state-of-the-art sewage treatment plants. A major intervention was the extension of the runway which now had the Mithi turning around the edges of the Airport boundary at 90 degree alignment. This faced a major criticism by the Civil Society Organisations. CSMIA was taken over from Airport Authority of India (AAI) by Mumbai International Airport Ltd. (MIAL) a GVK led consortium, in May 2006 and MoEF granted Environmental Clearance to MIAL in April 2007 for the expansion and modernization of CSMIA (CSIA). The area abutting the Mumbai International Airport Limited falls is Governance of Urban River Page | 51 a SPA (Special Planning Authority) which qualifies MIAL to independently plan and execute development in the area. Although all SPAs fall under the mandate of MMRDA but MIAL is planning Figure 7 River course near the Airport Section and developing their portion near Mithi at their own discretion. Governance of Urban River Page | 52 A long set of events had occurred and series of every day practices resulted in the deluge of 2005. The disaster is a resultant of all of these. Rewinding back to the event of 26th July 2005, “the suburban part of the city experienced very heavy rains on with a record of 944 mm of rainfall in 24 hours with highest rainfall intensity of 190.3 mm in one hour between 15.30 to 16.30 hrs, coinciding with the highest tide of 4.48 m” (MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY Apellant(s) vs. JALBIRADARI & ORS., 2018). During this event, severe flooding had taken place in all catchments of suburban rivers and deluge in the catchment of Mithi River was tremendous and thus this river received attention of the entire nation. The deluge resulted in tremendous loss of human and animal lives, infrastructural damages and huge economic losses. Mithi River Development and Protection Authority (MRDPA was institutionalised on Aug 19th, 2005 in relation to the G.R. No. MRD-3305/Pra. Kra. It is formed under the chairmanship of Hon’ble Chief Minister and performs the role of coordinating agency across the various executing agencies – MMRDA, MCGM, MIAL, MPCB and also to regulate the progress of the recommendations given by the reports and other advisory institutions. Empowered committee comprises of experts from various agencies which include the experts, bureaucrats, and the civil society. This is the decision making body which has the power to take decisions regarding the Mithi’s development and planning. They are required to meet regularly to charter the planning and development of Mithi’s basin. The meetings were regularly undertaken by EC until 2013 after which they are no updates on the MMRDA site. Mithi River Development and Planning Authority is an independent body which was given the power to implement various projects around Mithi River’s development. The primary role of the institution is to identify the executive agencies, to coordinate across them and to review the progress of the work done by them. Moreover it is empowered to raise finance for meeting the project costs through Centre, State, Para-statal and local bodies. MRDPA has the mandate to approve the Mithi River Development Plan for the river and the Vakolla Nallah which is prepared by collating the inputs of all the other agencies who manage the rest of the parts of the river. Local Governance machinery, MMRDA approached IIT-B to work on a report which assessed the problems pertaining to the River and also to propose solutions for the same. An expert committee under the CSRE department prepared two reports for the study. This report was the first part of the cumulative study done by the institution single headedly. For the first time in the detailed study of River’s floodplain was carried out wherein the entire stretch of Mithi with 200 m on either side of the river and its major tributary Vakolla Nallah was studied. The overlying objectives of the report were to map the river; determining the source of pollution load of the river; assessment of water quality at different parts of the river and to suggest recommendations for the problems identified. The report vividly depicted how Mithi has been diverted, bent, and channelized with evidential information Governance of Urban River Page | 53 superimposed from 1976 topographical maps onto IRS satellite images of years 2000 and 2004. Mithi as mentioned before has been forced to turn at 90 degrees four times in rapid succession, and then made to pass through a culvert, and bunded with walls and embankments on both sides. In summary the river has been tamed and meddled with at multiple locations in the crudest manner (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - First Interim Report, 2005). The Second interim report was in continuation to the previous report by IIT-B, here the report identified project for implementation and institutional arrangement which can transform and improve the condition of the River (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - Second Interim Report, 2006). The report went a step further by proposing solutions – decentralised STPs and ETPSs to remedy the pollution problem of the river; a lot of focus was given on reviving the mangrove cover area in and around the floodplains, the report proposed replanting the mangrove in some patches; laying out sewerage lines on both the sides of the bank; developing green spaces in BKC area; installing STPs in the areas where space is available (coincided with the slum settlements) ; service road of 12 m on both sides of the bank with the promenades ; removal of all the encroachments – slums and industrial units ; solid waste management plan which has full coverage and constituting a SPA for managing the river as a whole. The immediate demand to know the cause of the floods came from the government and the citizens; this resulted in the formation of the Expert Committee under Dr. Madhavrao Chitale by Government of Maharashtra where the Committee was to identify cause of flood and suggest remedial short term & long term measures to tackle flooding situation. The objective was to assess the short and long term factors that lead to the floods in the City as well as the Suburban areas; to identify the deficiencies and limitations of Storm Water drainage system in the city, their conditions and spatial plans; to study the basin development of rivers in the city, to identify the administrative, technical and other factors creating roadblocks in their natural flow to propose short and long term developments plans for resolving the matters concerning the above (Committee, Fact finding Committee on Mumbai Floods, 2006). A comprehensive study was done involving a range of stakeholders from the City’s working machinery. Urban practices which were defined for Environmental Degradation – narrowing the bank for housing; reclamation of river bed for industrial units; diversion of river’s flow for dumping construction and demolition waste, solid waste and industrial waste. The report clearly stated that there were some long-pending works in Mithi River that need to be immediately taken up as the reclamation of land for BKC was subject to widening and deepening of the Mithi (among other things) as per the recommendations of CWPRS were stated before. Merani Committee (1997) had also reiterated the need to take up that balance work long overdue. After FFC’s report Mithi River is now shown on several ward maps and development plan (DP) sheets not as Mithi Nalla but a River. Governance of Urban River Page | 54 The FFC report was thorough in pointing out many events that had taken place in the past and rework on many aspects of the river at many fronts. It pointed out to the realties on ground vis-à-vis different governance instruments which were in place like the DP, CRZ and other plans – there was a reality check that needed to be done by authorities which have been unable to regulate their authority through a proper and effective channel. The land use zoning didn’t correspond to the flood zones; topography; high risk areas; coastal regulated zone and other policies which are already in place. There was an attempt for a paradigm shift, from the erstwhile relief-centric response to a proactive prevention, mitigation and preparedness-driven approach for conserving developmental gains and to minimise loss of life, livelihood and property with the introduction of the Disaster Management Act, 2005. The Government of India (GoI) took a defining step by enacting the Act which envisaged the creation of the National Disaster Management Authority (NDMA), headed by the Prime Minister, State Disaster Management Authorities (SDMAs) headed by the Chief Ministers, and District Disaster Management Authorities (DDMAs) headed by the District Collector or District Magistrate or Deputy Commissioner as the case may be, to spearhead and adopt a holistic and integrated approach to DM (AUTHORITY, 2009). The Act led to constitution of National, State and District level Disaster Management Authority, which are required to perform specific roles pre, during and post disaster situations. Among the different set of responsibilities one is to prepare disaster management plan which is in Pollution study of Mithi in 2006 by MPCB didn’t showcase any much difference in comparison to the study done in 2004. There were lot of overlaps across this report and others which had come out shortly before it. The CWPRS report on 1-D mathematical model & desk studies for mitigating floods of Mithi River was aimed to study tidal hydraulics of Mithi River and the Vakola Nala corresponding to rainfall intensities that occur once every 50 years and every 100 years. Major focus of the report was on re the reshaping or rejuvenating the tempered hydrology of the river. A lot of recommendations corresponded to widening the waterway as well as the bridges; de-silting; dredging; deepening the bed and other and channelizing the course of the river. Mainly the report argues that the carrying capacity of the river’s course should be increased by improving the hydrological functioning of the river; this included the retention ponds which have been filled over time. Many of the above said short term recommendations were to be implemented in due course of five years but NEERI’s report on Current status of Mithi River in 2011 brought the authorities inability in limelight. The pollution level of the river at the time was much more than the one measured in 2006. The report was angled at pollution thus the factors studied were limited to provision of solid waste management and sewerage in the area which didn’t have much progress in place. Governance of Urban River Page | 55 Mangrove Cell, a state level body was created by the GoM (Government of Maharashtra) in 2012 to protect, conserve and manage the mangroves of the State. The Cell has also been given the additional responsibility of conservation of coastal biodiversity; an area seldom paid the attention it deserves. The Cell is headquartered in Mumbai and is headed by the Chief Conservator of Forests. All mangroves are protected under Coastal Regulation Zone (CRZ) - I. They are protected legally under the following Acts: • Maharashtra Tree Act of 1975 • Forest Conservation Act 1980 • Environment Protection Act 1986 • Coastal Regulatory Zone Notification of 1991 and 2011. “In 2005, Bombay High court banned and froze destruction of Mangroves in Maharashtra and construction within 50 m of CRZ area. Mangroves Society of India (MSI) and Conservation Action Trust (CAT) are two major organizations who strongly protest against destruction of mangroves in Mumbai city. The seven islands of Mumbai were reclaimed and linked to a continuous land mass after destroying mostly mangrove forests and salt pans, since then the development and subsequently population pressure rapidly increased and being the coastal area, it took the toll on mangrove land” (TERI, 2015). The rock blasting at Mahim Creek undertaken by MMRDA for deepening and widening of Mithi by underwater blasting to remove the rocky outcrop was seen as a step which could have led to negative impact in the region. NEERI drafted a report “Environmental impact of rock blasting in Mithi River” in 2014; it assessed the extent of impact on environment in terms of water quality, sediment quality and biological life including mangroves due to blasting and also to assess the efficacy of the blasting as a main factor for flood control. The report concluded that the silt deposition and sedimentation continues as the sewage continues to be dumped in to the river directly; meandering and channelling of the river has caused natural death of the Mangroves in the area; the mangroves can’ t move landward as they need water to survive and nurture thus the land between the mangrove and encroachments is seen to be decreasing which points to more informal structures mushrooming in the area; shore piling and retaining wall in this extremely sensitive region endangers the nature of ecology of the area and the river mouth widening proposal in future should also be examined from an angle that mangrove island (between Mahim-Bandra road bridge and railway bridge) would then come in direct current forces of the sea high tide and high erosion can take place (NEERI, Environmentqal impact of rock blasting in Mithi river region , 2014). A comprehensive study was done shortly after this by NEERI jointly with IIT-B who had been asked to prepare it by MRDPA, the report captured the environmental and ecological status of Mithi and the Governance of Urban River Page | 56 principle tributary Vakola Nallah ; to examine both in a holistic manner, including all relevant aspects likely to affect it and to prepare set of recommendations for the over-all improvement of the water quality with an eco-centric approach. This was in detailed study which included many set of sections Environment Status Assessment; Ecology and Environment Study; Water Quality Modeling; Legal Study; Climate Change; Disaster Management Plan; Communication Plan; Remote Sensing & GIS; Socio-Economic Study with video documentation but the report was finally rejected by MRDPA and the work was handed over to Frischmann Prabhu. TERI has documented the Environment Status Report of Mumbai Metropolitan Region (MMR) in 2015 wherein the Mithi’s pollution mitigation and control, along with regular monitoring has been advised to the local agencies managing the River in their jurisdiction area. Unlike the DP of 1991that included specific natural areas in no development zone, DP (2016-34) now includes water bodies, primary activity areas like plantations and saltpans and some areas where low density/low FSI development is permissible. The report recognises that estuarine regions of the city have undergone continuous reclamation thereby has led to obstruction in the natural flow of water bodies in the marshy lands and low lying areas. Though the document mentions that the MCGM has prepared Storm water drainage plan to deal with the risks of flooding there is no roadmap for achieving it or a spatial plan for the same. Buffer zones around the river and Nallahs have been proposed which are the development free zones - open spaces that would be walkable along with their use of environmental maintenance, this has been picked from the recommendations by FFC and will be 6m wide pedestrian pathways that will be used for maintenance of natural assets. The report also suggests reclaiming land from the sea to create more green spaces in the city. Statutory restriction on the kind of development that takes place in the buffer area is clearly stipulated in the DCR and reservations have been given for promenades along the river (MCGM, Revised Development Plan 2016-34, 2016). The Supreme Court order to look into the status of Mithi River after a civil appeal was filed by Vanshakti Foundation (NGO) at High Court which got pushed to the NGT and now Supreme Court; the case corresponded to the retaining walls which have been constructed by MCGM and MMRDA on both sides of the River. The directives by the Court was to prepare Factual report on what has transpired so far, extent of damage to Mithi, steps that need to be taken with short and long term course of action (IITB ; NEERI, 2017).The report was prepared by coordination between two research based institutions and also Civil Society organisation who pitched in the problems identified and solutions for the same. The detailed study build on the different activities that have taken in and around the river; the progress of the work suggested in the different reports which had been prepared earlier; on field status of the river’s condition which pertain around the pollution, encroachment and other factors which were highlighted by the previous reports. This report was collated by coGovernance of Urban River Page | 57 ordinating with all other executive agencies and gave comprehensive in depth details about the River’s catchment region. The recommendations are based on both hydrological factors and also mention the institutional dynamics that play at execution and decision making stage. Of the development projects which are coming up in the area, three distinct projects which can have impact on Mithi. All the three projects are proposed in the last stretch of Mithi and are in and around the BKC area. The BKC- Chunnabati corridor is 1.6 km long flyover which starts from G Block of BKC and it snakes through Mithi, LBS Marg, railway tracks of Central Railway and Harbour line, Somaiya Ground and will finally connect to the Eastern Express Highway near Everad Nagar. The connector will involve construction of 260 metre long bridge over Mithi River. Furthermore, a rail over bridge over the two railway lines will also be constructed over Mithi (Webdesk, 2017). The Metro-3 line is proposed to be about 33.5km; it is Mumbai’s first underground Metro which will be 12.5m below the Mithi riverbed. Mumbai Metro Rail Corporation (MMRC) will begin tunnelling soon (Venkatraman, 2019). A pedestrian pathway is proposed from Dharavi to BKC over Mithi ......... Instruments of governance If one engages with different terminologies denoting certain elements of (urban) rivers, competing definitions exist and difficulties arise defining their spatial extent. Multiple questions arise: Where to draw the boundaries between the floodplain of the river and adjacent land? How to demarcate the riverfront? Where to draw the boundary between the river and the city? Every institution uses some instrument to perform their role and function in governing the river. The river’s ecological importance for the city is acknowledged by several environmental policies and legislations. In the city’s Master Plan, the city’s urban local body MCGM has defined a buffer zone for the river and also development control regulations with relation to the kind and form of development that can occur along the river. The development plans have changed their approach to view the river over the years which will be explained in this section. Similar to this is the case for the regional Plan wherein another layer is added on to the planning of the river at the MMR level. Supporting to these plans are the MSDP I & II which are particular to the sewerage system planning in the city. The plans which have spatial component are complimented with policies and regulations that direct the specifications of the same in terms of compliance and restrictions. Additionally after the floods there have been numerous reports which have responded to the floods and recommended actions that should be taken on the river. Every report has been framed by different set of actors thus highlights different aspects of the same river and also recommends steps that are central to the background of the institution which has worked on it. These three are means of operationalisation of the conceptual ideas Governance of Urban River Page | 58 decision makers have for the river. They reflect the understanding and considerations that have been taken to perceive river as a component of the city. Spatial Planning as a tool Maps take a view from the top which views the land in blocks which has features of buildings, water bodies, green cover, roads and other visible physical infrastructure on the ground but what it clearly misses out on is the relationship the water bodies have with the activity occurring near and around it. The interaction of these activities which are dynamic in nature as river in itself has changing boundaries – tides, rainfall, seasons, these variability’s remain unaccounted on the piece of paper thus sections in the book soak were crucial to comprehend what is happening at the different parts of the river. Water in the sectional world doesn’t flow on the surface as much as it rises and falls, evaporates and condenses collects and recedes (Mathur & Cunha, 2009). With these factors not being presented or assessed in this aspect, it is less likely that the River will be integrated in the Land use plans. Spatial planning with respect to Mithi comprises of Regional Plan prepared by MMRDA; Development Plan prepared by MCGM and Mithi River Management Plan by MRDPA. The Development Control Regulations prepared with the Development Plan for the city guide the development by providing specifications on the type and nature of construction that can occur at a particular place in the city- this includes the FSI, building heights and other details. It tool for regulating and managing development from zone at macro scale to a building level in the city. In the previous section it was mentioned that there isn’t much importance to give Mithi’s planning in the DP as well as the RP, this is presented in the maps below: Regional Plan The Regional Plan of 1970 proposed to develop the BKC as a financial center which would benefit the city with decongestion and better employment opportunities. The Plan was largely land use based with no importance given to the environment parameters. The main focus was to develop the MMR Region in balanced and integrated manner but this was with respect to connecting different hinterlands to the Island City, primarily the focus was on economic and industrial development of the region. The New Industrial Location Policy was introduced in the MMR which now allowed new industrial units to set up in an easier manner. This was followed by Regional Plan prepared in 1996; this was prepared immediately after the EIA and CRZ notification. Thus a lot of stress was given to preparing Coastal Zone Management Plan and following the CRZ clearances but the CZMP in particular wasn’t implemented and has been published recently. The main focus on RP 1996 was also to develop and plan business centres and industrial clusters in the MMR Region Governance of Urban River Page | 59 Figure 8 Regional Plan of 1973 Figure 9 Regional Plan of 19966 The main focus of the Regional Plan of 1973 and 1996 was physical development; development finance and coordination. The Regional Plan of 2016 mentions in the report that the WQI 7 of Mithi indicated ‘Bad to Very Bad’ water quality measure (MMRDA, Regional Plan 2016, 2016); stated the possible reasons for the pollution to be the disposal of untreated waste and sewage into the River. The plan proposed a Blue Green connects all structure and network the that heritage monuments; Figure 10 Regional Plan of 2016 greenway along the multi modal 7 Water quality Index Governance of Urban River Page | 60 corridor; preserve all the surface water bodies and provide buffer zones of 30m on both sides of river banks where no construction is permitted (this is subject to CZMP) (MMRDA, Draft DCR for MMR, 2016)and connecting water bodies and forest by creating a network of open spaces in the region (MMRDA, Regional Plan 2016, 2016). Development Plan and Development Control Regulations The Development Plan prepared in 1967, the rivers were not recognised as no development zones and were not categorised in the sensitive area. The only provision they had was in the DCR for the setback of about 15- 25 feet from water courses and this could be over ruled in cases where in the low lying areas where the permission for development is only granted by the Commissioner. Prior to 26th July 2005, the city’s existing zoning and building regulations which were loosely formulated were used to scrutinize and regulate the new developments. Figure 11SRDP of 1991 The Sanctioned Revised Development Plan had some buffer zone provision which was about 15m on both the banks of the river which was the no development zone. Some of the other water bodies in the city were also added to this zone. Apart from this there were no other measures which were taken considering the planning of the River. The Development Plan 2016-34 regulates the development along the river by provisioning buffer zones around the river and nallahs which are classified as development free zones and proposes open spaces that would be walkable along with their use of environmental maintenance. Also allows for reclamation of land from the sea for large open spaces. The Development Control Regulations states Governance of Urban River Page | 61 strict restriction on the type of development that can occur in the buffer; reservations of promenade on both the side of the river; considers the DP road and the Mithi River widening project. Figure 12 Development Plan 2016. Source: (MCGM, Revised Development Plan 2016-34, 2016) Governance of Urban River Page | 62 The Development Plan of 2016 highlights that no development will take place in the CRZ area apart from Municipal facilities. The development in the buffer zones of the River and Nallah will be with respect to the recommendation presented by Chitale Committee (MCGM, Revised Development Plan 2016-34, 2016). Policy mechanisms and regulation Various policies pertaining to Mithi as a river have come up along the years. With few mentioned in the previous section. These policies have come out in conjunction to some act and have been notified at many points in time, others scrapped because they were too stringent and were not development friendly. Pollution Control The water Pollution and prevention Control Act of 1974 was crucial in setting up institution at the Central and State level that regulate the pollution level of the water (refer to the previous section for details). Thus the PCBs were formed to regulate the pollution levels in different water bodies. This is state level agency which operates in the city. Development Control The New Industrial Policy (1991) incentivised starting up industries and establishments where no location clearance was required for establishment this was formulated jointly by MMRDA and Industries Department of GoM. The central idea behind this policy was to promote industrial and commercial development in MMR Region. The Environment Impact Assessment (1994) and Coastal Regulation Zone (1991) were important step wherein the former allowed the assessment of the impact development projects have on the environment and latter provided a medium through which the development could be managed along the coast lines which are sensitive ecological zones. CRZ notification mandated preparation and strict adherence to CZMP. Mahim was also converted to Bay from shoreline this reduces the 500 m CRZ in these areas to 100 m in 2016 thus the city is shoring the lines for the builders. The clandestine report to MoEFCC even suggested that CRZ areas 500 metres from the high-tide line should not fall under state environment departments but under state town planning departments, which self-evidently lack the expertise to judge any environmental impact. It also proposed that in “densely populated” coastal zones, the no-development zone should be reduced from 200 metres to just 50 metres. In Mumbai, certain coastal areas like Mahim have been redesignated as “bays”, thereby reducing the ban on construction from 500 metres from the high-tide line to 100 metres. Two 50-storey buildings are thus coming up, thanks to the state’s largesse, and 24 more such projects have been announced in Mumbai. Governance of Urban River Page | 63 Under the Coastal Zone Management Plan, Mithi falls under CRZ-I and II. The map below shows the areas which are no development zones, this is the last section of the River where Mithi meets the Mahim Bay . Figure 13 Coastal Zone Management Plan. Source: (MCZMA, 2017) River Regulation Zone (RRZ) issued by MoEF&CC under Environment (protection) Act, 1986 classified River as Prohibited Activities Zone (RCZ-PA), Restricted Activities Zone (RCZ-RAI) and Regulated Activities Zone (RCZ-RAII). It was introduced to regulate and prohibit developmental activities on riverfronts and floodplains; and a national river conservation authority under a secretary in the ministry was proposed to be set up. Under this Mithi fell under AIV classification wherein 500 m on both side is proposed as No Development Zone and only green & orange industries with pollution control mechanisms are allowed to setup between 500m - 1 km from the river’s edge. This policy was scrapped in 2015 and now gives permission for establishment of industries in rivers regulation zone. It is reported that MPCB will give permission after taking a simple affidavit from the industries to ensure zero discharge. “In doing so, the government has dismantled a system which had evolved over 15 years and is now relying upon affidavits that industries submit to MPCB. It is clearly inadequate way of curtailing pollution and has the potential to completely destroy Maharashtra’s Rivers. Such affidavit system has a huge potential of furthering corruption” (Dandekar, 2015). Management National Water Policy (2002) proposed participatory approach for management, development of water bodies. Moreover institutional mechanism for water quality monitoring programmes, flood and drought were also mentioned here. Governance of Urban River Page | 64 Governance Framework The governance landscape has witnessed a growth in number of actors and player which come on board with different set of responsibilities. 1960’s MCGM was the only sole authority which managed and controlled the development around the River as seen in the figure below. Figure 14 Governance Landscape - 1960 Governance of Urban River Page | 65 After the floods there was sudden wave of panic and unrest which led to formulation fo some other agencies which managed different aspects the river. Thus the management of the River became highly decentralised. Figure 15 Governance landscape post 2005 floods The decentralised model though divided the responsibilities to various actors but also created confusion and no leader emerged. The politics between MMRDA as a para statal and MCGM as local body and the contestations across them to manage a River which passes through their respective area has led to conflicts and confusion. The coordinating agency is benched in the corner with no real Governance of Urban River Page | 66 powers in the matter. SPAs further operate in their own area with no act of coordination with other agencies. The executing agencies both MCGM and MMRDA need to have common vision for developing the River and managing it sustainably but this so far didn’t come out in the study. Figure 16 Governance framework Above is the diagram which shows the different institutions which are operating at National, State and Local Level. Here the role they play is shown by the colors and the instruments that they use to perform their role are given in black on left corner of the institution. The institutions have been classified based on their jurisdiction level and the role they perform with respect to Mithi’s Governance. MCGM and MMRDA is the pioneer when it comes to executing any project in and around Mithi, followed by MIAL, MHADA and MPCB performing the functions seen above. MIAL acts an independent agency and is special case they plan, execute projects around the Airport Area, though it’s a SPA, in the field work it came out that the decision taken by them stand independent of MMRDA’s approval. MHADA role is limited to SRA development which is in Dharavi. MPCB apart from regulating pollution level also gives sanction to industrial units to operate in the area. Governance of Urban River Page | 67 The CSO is the Civil Society Organisation which works hard to demand their right as citizens to understand the realities on ground, they float around all these other institutions are not limited to any level of Governance – National, state or local. This freedom is also enjoyed by Research institutions and the private consultants. The Research based organisations have been separated out as they play a distinct role of advisory here which is different from the role CSO plays which is to pressure the state to take action and present their case. . Private consultants who are brought into the process through tenders and construction development, their interaction with Mithi is the most direct as they are the ones which actually execute all the projects. Summary The Governance of an Urban River has many layers to it and this section gave a brief outlook to it. The roles and functions here have been explained in a standalone situation. The Governance also encompasses interaction across and among all these different actors and stakeholder. The contestations and dynamics that emerge when they interact are crucial because they determine the state of affairs and Mithi’s Rejuvenation. Governance of Urban River Page | 68 8. DEBATES AND CONTESTATIONS As mentioned in the earlier chapter there were set of expert Committee’s formed at various points in time which composed of different set of stakeholders who came up with plans for Mithi, along with other agencies carrying out their own studies to recover Mithi as an Urban River. These reports outlive most of us but the status stands at impartial completion marked by different set of reasons for the same. Governance of Urban River Figure 17 Triggers that led to Floods of 2005 Page | 69 The map above is culmination of all that was regarded as the trigger points which instigated the floods of 2005. This is the map which showcases all the mismanagement and assumptions that the city governance couldn’t harness or control. Post flood a range of reports were formulated and these were being prepared by different agencies having different world views and varied approach to river management. Recommendations proposed Flood related Flood management and mitigation was the prime solution that almost all the reports aimed to achieve, only the approaches and proposals differed in relation to specifications of the management. Mainly the flood related measures were centred on i. Channelisation of the river – This was seen as a crucial step; the ground work research indicated the reduction in width of the river has suffocated the river at many sections like thE Mahim Bay, the Airport Area, Sakinaka Industrial belt and others. The progress till date as reported in NEERI’s report stands at 95% in MCGM administered area and 100% in MMRDA (IITB ; NEERI, 2017). The work at Maim Causeway area is left as proposed by Chitale Committee (Committee, Fact Finding Committee Report , 2006) because of the stay order by H.C 8, this is due to the rock blasting activity undertaken by MMRDA without taking precautious measures or environment assessment (NEERI, Environmentqal impact of rock blasting in Mithi river region , 2014). ii. Deepening or creating the required bed gradient – Deepening of the river has been done at Mahim Causeway by removing the rocky outcrop which was seen as a major obstruction for the flow of the river to the Bay but the deepening work in rest of the stretch hasn’t been done in a comprehensive manner despite the reports on dumping of waste in the Mithi. iii. De-siltation – De-siltation removes all the debris and other sediment pollutants to be cleaned and removed from the river’s bed allows better movement of the river and also the water doesn’t flood the low lying areas as there is more space in terms of volume to flow. Debris has been stated to be removed out regularly by both MMRDA and MCGM in their respective zones throughout the year except during monsoon period. After de-siltation there have been several reports which refer to the debris still lying on the banks of the river and disposed by MCGM and MMRDA (Bhujbal, 2018). 8 High Court of Mumbai Governance of Urban River Page | 70 The MMRCL 9 reportedly is deviating from its original plan of disposing debris outside the limits. Stalin Dayanand, of city Director Mumbai-based environmental NGO Vanashakti, Figure 18 Construction and demolition waste lying on the banks of Mithi. Source: (Mumbai Live Team, 2018) “The said, MMRCL is dumping debris in the Mithi River and wherever else they can at several locations in the city. Moreover many cases have been reported to point towards illegal dumping of construction waste on the banks as well as in the Mangrove patch in the BKC area (Jadhav, 2018) (Mumbai Live Team, 2018). iv. Widening the bridges, restoring or re-positioning utility – There are 15 bridges on the whole stretch of Mithi and so far 10 have been widened with 5 left in the MCGM area (IITB ; NEERI, 2017). The utilities still exist under the bridges and the railway culverts also need to be upgraded. v. Retaining wall along whole river – This measure wasn’t proposed by any of the expert reports or by any other academic and research institution. They have been built indiscriminately above the grounds and foundations and go as far as the bedrock in the area. vi. Flood control construction of detention basin and infiltration zone – Freeing the floodplain of the river and providing buffer green zones to retain excess water that flows in the basin area hasn’t even been planned. This measure hasn’t been taken up in the Spatial Planning or River Management Plan prepared for Mithi. vii. Pumping arrangements and tidal gates with no return valve– This was a main recommendation put across by the BRIMSTOWAD report, seen important to pump out the rainwater to the Bay and also to regulate the tidal flow into the river basin (Watson Hawksley International Ltd, 1993). This proposal was sidelined and CRZ clearance is said to be the prime cause for not taking it forward. The Sluice gates are used in many rivers abroad like Thames, Alamy and these are 9 Mumbai Metro Rail Corporation Ltd Governance of Urban River Page | 71 cases that have been stated to be the model case which need to be picked up for redeveloping the Mithi, but some aspects are not considered to be important despite their urgency. “The major problem of flooding is due to reclamation of land (620 ha) for Bandra-Kurla Complex and the bottleneck at the confluence of the non- widened bridges at the downstream side of the Mithi River system” (MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY Apellant(s) vs. JALBIRADARI & ORS., 2018). The widening which has been achieved at present is not to the extent proposed by Chitale Committee. The width of Mithi was based on CWPRS and Chitale report, the MOMs of EC doesn’t reflect anything on the basis of deciding the width of different stretches, there is lot ambiguity in the process which couldn’t be triangulated in the expert interviews. Moreover, MRDPA in their Empowered committee meetings decided to construct rectangular section with construction of retaining wall on both the banks of the Mithi River instead of the trapezoidal section suggested by CWPRS for the widening Mithi, the main idea behind the design was to allow the floodplain to Figure 19 Section of the river considered for Mithi receive the infiltration from the sides to the main stream of the river, this is as shown in the figure but MRDPA adopted the rectangular section with no basis which resulted in reduction in the carrying capacity of the river as preconceived by the institution. The reason for adopting this design is not covered in the EC 10 MoMs 11. Thus the effective carrying capacity of the river as proposed has come down in a drastic manner and this is applicable for the entire stretch of the river. The floods of 2017 in Mumbai had brought the city to standstill for a day, although the damage caused of Mithi catchment on 19th August wasn’t at par with what city had Figure 20Satellite image analysis2017. faced in 2005 but it had an impact on 10 11 Source: (IITB ; NEERI, 2017) Empowering Committee Minutes of Meetings Governance of Urban River Page | 72 the lives of many. In the satellite image above, the red color portions are areas which got flooded and had standing water during in 2017. Thus the proposition by the authorities (based on the interviews conducted with experts) that Mithi catchment doesn’t flood anymore is highly contested when we look at the figure (IITB ; NEERI, 2017). It has been reported that the rainwater is not draining out from areas in and around BKC, this has led to problem of basement and ground floors flooding in the Global Landmark of the city, irrespective all the measures that have been taken since 2005. All of these points indicate that despite all the measures which have been completed so far, there seems to be a mismatch with respect to stated intentions and the action that are taken on the ground. Re-mediating or mediating pollution Pollution control was one of the main agenda for river’s rejuvenation in most of the reports which had come out on Mithi. All the reports written on Mithi recognises the point sources of pollution and also puts forth recommendations for pollution management and control, the re-iteration of very same set of solutions indicates the partiality in their completion. As per the recommendation of various committees, it was Figure 21 The stagnant Mithi passing through the industrial belt suggested to construct sewer line network along the Mithi River alignment besides both the banks of the river and also to in-catchment so that unauthorized sewage disposal into the river can be arrested and pollution could be reduced. Moreover a proper solid waste management plan for the areas along both the basins was to be put in place. Some of the recommendations under this tab were: i. Setting up STP 12– Figure 22 Mithi near Dharavi Absence of sewer lines which direct the sewage from the households and effluents from the small scale industries is the prime reason for high pollution level of Mithi. 12 Sewage Treatment Plant Governance of Urban River Page | 73 The STPs have been proposed and recommended by reports but so far none of them (with respect to area in and around Mithi) have been materialised. This has been explained in detail below. ii. Installation of waste collection system – Solid waste being directly disposed into the River is established reason for polluting Mithi. There are claims that a facility has been provided which has efficiency of recycling 60% of the waste but there are many patches which till date are not covered by MCGM. Rivers act as hydrological conduits receiving excess water from precipitation, infiltration and groundwater movement, and transfer water across the landscape to watershed outlets, such as another river, lakes, estuaries or oceans; Mithi being an urban river receives the surface runoff and all other forms of discharges from its basin (Hooper, 2005). High pollution hampers the flow of the river. A high share of raw sewage and untreated effluents is being disposed right into the river directly. A struggle for the existence of the Mithi River came from mushrooming slums on mangroves patches between the reclaimed land and the river course. These slums, which first appeared in the late 1800s, have since grown at an alarming pace on both sides of the river and the Vakola Nala destroying mangroves in large numbers. Further damage has been caused by the highly polluting small-scale industries that have been allowed to flourish along the river banks. Results of a recent study by the National Remote Sensing Agency (NRSA) using GIS techniques, point to the adverse human-induced influences on the Mithi River and its catchment. Mumbai Sewage Disposal Project was divided into stages wherein the work under MSDP-I was started in 1979- “the waste water collection & treatment facilities for the city are grouped in seven service zones viz. Colaba, Lovegrove, Bandra, Versova, Malad, Bhandup & Ghatkhopar. MSDP-I was completed in 2003 wherein aerated lagoons were constructed at Versova, Bhandup & Ghatkopar and Marine outfalls were implemented at Colaba, Lovegrove & Bandra locations. The decision for Malad service zone was kept in abeyance due to sensitive issues of mangroves” (MCGM, 2016). M/s. Mott MacDonald/R.V. Andersons Associates Ltd. performed feasibility studies in September 1999 for MSDP Stage-II, this included recommendations on sewage treatment options, planning for additional works necessary to meet the future environmental standards, determining operational and management requirements and training for adequate technology transfer. The recommended master plan for the period from 2005 to 2031 amounted to about Rs. 10,600 Crores (2010 as the base year) which was intended to be implemented in five phases and included slum sanitation. The work on Bandra treatment plant where just a Marine outfall was installed as part of MSDP – I consisted of upgrading existing infrastructure, increasing the diameter of the pipe carrying sewage water and installing new machinery for giving preliminary, secondary and tertiary treatment to sewage water. In December 2015, CAG slammed the BMC for several deficiencies in the master plan Governance of Urban River Page | 74 and for paying the consortium Rs. 141 crores when no work had been done. Following this a committee was appointed to probe the matter, thereafter now BMC has blacklisted the company (Despande, 2018). “The CAG 13 report, which was submitted last year, had stated that the BMC failed to implement the MSDP project. The report had also pointed out financial irregularities, faulty designs, faulty use of technology and incorrect data in the detailed project report which was prepared in 2002” (Sarkar, 2016).The proposed STPs required the CRZ notification to be amended for the plan to pass and the rest of STPs where there were no hurdles weren’t installed. Moreover an additional fee was demanded by the company to BMC for their services. There is a delay in the upgradation, civic officials say was caused as they were seeking environmental clearances from the Ministry of Environment, Forest and Climate Change (MoEF), and the CPCB on setting up new discharge norms for treated sewage into the sea or any water body (Pillai, 2018). The sewerage lines have been laid down in some areas but overall the coverage of the service is still incomplete. The STPs which had been proposed in the report by IIT-B (IIT-B, Development of Action Plan for Environment Improvement of Mithi River along its banks - Second Interim Report, 2006) are so far in pipeline with paucity of funds, delay in CRZ clearance and lack of land as the reason for stalling the process. This was an important solution which was to be city level infrastructure service. In upper reaches, there are forest areas like Aarey which can act as a major retention zone but construction of wall in that region has damaged the flood plain and interaction with catchment. For maintaining the flow in a river and increasing the carrying capacity desiltation is required but it has been found that huge volume (~40 cum.) of silt is still in the river bed at the mouth of river as per mail dated 14 December 2017 of Project Director MRDPA. The analysis of water quality has revealed that pollution in Mithi has increased with more dumping of waste on river banks. The slums still existing on the banks of river are contributing to the deterioration of Mithi water as waste is directly being discharged into the river. The growth of mangroves due to excessive siltation near the mouth of river is obstructing the free flow of water. It must be noted that the tidal effect on the river reduces the pollution level in the River in the last section, but the pollution levels have worsened in the River catchment (NEERI, Current status of Mithi river and possible solutions, 2011) (NEERI, INTEGRATED IMPACT ASSESSMENT STUDY FOR MITHI RIVER, 2015) (IITB ; NEERI, 2017). Removal of “the encroachment” Encroachment has been repeatedly accused to be “the” source of the problem for Mithi and in a way it is, but it is not just the informal settlements there are many other development projects which in its true sense of the word have encroach-ed the River Catchment. Approximately 6000 tenements have 13 Comptroller and Auditor General Governance of Urban River Page | 75 been removed from the banks of the river and their re-settlement is being carried out jointly by SRA 2000, MHADA - 3600 and MMRDA -1800 (MRDPA, 2006). The resettlement areas are spread all across the city thus uprooting livelihoods of residents who lived in these areas. The record for the name and location of these tenements couldn’t be verified. The MMRDA carried out land-filling of mangroves and mud flats along the Mithi river to the extent of cutting to create land at the Bandra-Kurla Complex. The proposal for Bandra Kurla Complex was an area of about 420 ha, at the time the original water spread area of Mithi River was about 800 ha (1930), about 400 ha area was reclaimed by the year 1973 (CWPRS, 2006). Further MMRDA under direction of Govt. of Maharashtra had appointed CWPRS in 1975 to study possibility of reclaiming more land for BKC area within the catchment of the Mithi River area (CWPRS, Effect of proposed reclaimation on Mahim Creak, 1975). Reclamation is an unnatural process as one is interfering with coastlines delineated by nature. So unless we understand the way in which nature has programmed its processes and coastal features have developed, reclamation will prove to be unsuccessful or may have after effects thereafter. This has been the case with the construction of the sea link, which led to destruction of the Dadar beach (Deshmane, 2015). Figure 23 Development along the path of the Mithi River (1966- 2017). Source: (IITB ; NEERI, 2017) The study by CWPRS in 1976 stated numerous recommendations which should have been taken before reclaiming the land, of which only few were executed by MMRDA as the SPA of this area. Governance of Urban River Page | 76 The Muddy area in the figure is the area which was covered by the mudflats and mangrove.There is no concern reflected operationalisation of the law that stipulates the nature of development that should be taken on and along a river that ensures that one’s house is not built on a floodplain, on unconsolidated sediments, in the floodplain of a river which experiences tidal effect and is prone to flooding in the monsoon (Mcharg, 1992) (MCGM, DCR, 1967) (MCGM, Revised Development Plan 201634, 2016). The Airport is another example which contributed to the re-channelising of Mithi which has resulted in drastic effects in the neighbouring areas. The idea that the airport and BKC are not seen as encroachment when they have reclaimed a larger share of the floodplain of Mithi in comparison to the informal settlements shows a rhetoric that the state is playing in the tag line of development. The River widening which has occurred till date Figure 24 Taming Mithi has been done by trimming the land from the bank where the settlements are located than from the bank where these Development projects stand (IITB ; NEERI, 2017). Retaining wall as the saviour No impact has the disasters have had on our engineering manuals where till date the dependence is on rigid construction which has been engrained in the aspect of the creed. An estuary demands gradients not walls, fluid occupancies not defined land uses, negotiated moments not hard edges. In short it demands accommodation of sea not a war against it which continues to be fought by engineers and administrators as they carry sea walls inland in a bid to both channel monsoon runoff and to keep the sea out (Mathur & Cunha, 2009). In the 3rd Empowering Committee meeting it was decided that the MCGM and MMRDA will provide the administrative and executing assistance to MRDPA to materialise the recommendations of the various reports and committees, this step was necessitated as the new department MRDPA was running short of staff and experts. The plan to construct retaining wall on both the side of the river Governance of Urban River Page | 77 was decided in the 4th Empowering Committee meeting held on Jan 2006, with respect to the Minutes of this Meeting which records that MCGM and MMRDA suddenly proposed to build the walls in their respective jurisdiction area. The reasons for selection of the retaining wall as measure for rejuvenating the river as stipulated by them to NEERI are given as below: i. To provide better tidal exchange ii. To increase discharging capacity during floods. iii. To control the encroachments iv. To train the river v. To restrict filling of debris vi. To maintain designed waterway vii. To protect the banks from erosion. viii. To channelize the flow. It must be noted here that the very idea of retaining wall wasn’t proposed in any of the recommendations of committee experts previously and was just brought in that very Empowering Committee meeting. The nature of the retaining walls constructed along the River varies along the length and can be classified as: i. Upper reaches– upto Sakinaka airport side - retaining walls constructed by MCGM with no tidal effect. A RCC retaining wall with about 3.0 m height above the natural ground level has been constructed. This area includes the Aarey Colony portion where concrete walls are obstructing the natural setting of the river in the area where now there is no movement of the water from the river’s catchment into the river basin. Stalin D of Vanashakti said all the money has been spend on concretising the river banks. “Aarey is a catchment for the Mithi river, and a retaining wall has been needlessly built, which has stopped interaction between the river and the forest. Without, the concrete the river would have got run-off from Aarey and Sanjay Gandhi National Park (SGNP) till December,” said Stalin (Fernandes, 2017). ii. Middle reaches – airport side - RCC retaining walls constructed by MIAL- airport authority with height above the ground for security and safety purpose of the airport operational area with tidal effect; further after airport, retaining walls constructed by MCGM upto CST Bridge - 3.0 m high RCC retaining wall. Governance of Urban River Page | 78 This section of the river comprises of all the smalls scale industrial units which have been identified to be polluting the river, this is in relation to the previous section. iii. Lower reaches – retaining walls constructed by MMRDA from CST bridge side to Mahim Causeway - end of Mithi River with tidal effect. In this section of the river which is lower reach of the river portion have adopted touch piling method for construction of Gabion wall. This wall technique builds a structure consisting of rocks held together with wire mesh, with minimal use of steel, and almost no concrete. This allows to and fro flow of water thus suiting the hydrology of the river and section of the river. As put forth by the former head of MRDPA and the Metropolitan Commissioner the gabion walls allow the water to pass through these structures easily, making them less likely to tip over due to water pressure thus not hampering the hydrology of the river, performs the function of a separation that prevents the waste to be thrown and is aesthetically appealing. Although the Gabion walls are less expensive to build it is still unclear as to why MCGM decided to build concrete walls. The reason for choosing retaining wall is to have a barrier between the river and the land use in the neighbouring setting, a clear indication to solve the problem of floods by restricting the river in an area and not solving the pollution problem at the source. Constructing walls along the banks of any river reduces the width, not increase it thus the effective area available for lateral infiltration and percolation becomes lesser. Furthermore by shutting out the flood plains with a wall, the holding capacity of the river for excess volumes is reduced. This can cause greater volume to flow down the river and create flood problems downstream. Control of flood waters can be achieved by reducing the volume of water which flows from upstream, and not channelising the excess volume of water with a wall which can be breached. To the contrary, it is imperative to implement rain-water harvesting techniques upstream, all along the river from her source. Else, the Figure 25 Retaining walls in three different sections of the River Governance of Urban River chances of flooding increase downstream (PIL by Shri.Jagdish Gandhi , 2005). According to NEERI, the Page | 79 retaining wall will train the river and it may result in rapid movement of water thus causing more flooding (NEERI, Current status of Mithi river and possible solutions, 2011). Moreover it will cause flooding in the low lying areas on the other side of the wall. “HC-appointed Expert Committee (in 2010) has reported that the walls will destroy the wetland ecosystem of the Mithi River. They observed that the tidal waters are prevented from reaching the mangroves inspite of the pipes provided by MMRDA. The Expert Committee as well Hon. High Court have questioned the need for constructing walls along the river. In fact, the Expert Committee observed the walls were also impeding nutrition to mangroves and biota, and recommended their demolition. Walls do not protect mangroves, as wrongly contended by MMRDA. It is the riverine ecology which protects and nourishes them. In fact, along with wetlands and marshes they are the sponges ecologically created by Nature for absorbing flood water” (MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY Apellant(s) vs. JALBIRADARI & ORS., 2018). MMRDA defended the construction of walls relying incorrectly on a report from IIT Bombay. And a report from CWPRS, Pune which recommends only pole markers in their first report, changed after 2 years to align with MMRDA’s stand. There are some irregularities in administrative process too. Firstly, the MCZMA recommendation to MoEF was made on 18.1.2012, which gave the clearance on 4.12.2012. However, construction of the walls had already started by 2009. EIA is required for construction of walls which can cause change in the flow, form and course of the river. Also, in CRZ areas there is a provision only for releasing storm-water outflows, not for any other construction (MoEF, 2006). MMRDA conceded that NO clearances for constructing the wall were obtained from the following: i. Ministry of Environment (CRZ Regulations) ii. Dept of Forests iii. Hon. High Court iv. M.R.D.P.A. (Mithi River Development Project Authority MRDPA had requested NEERI to prepare a report on status of Mithi in 2015 and this report scrapped by MRDPA as they were unsatisfied with the recommendation provided by NEERI, this was particularly directed to the retaining wall that had been built all along the River. Following this Freichmann Prabhu was approached to prepare a report which had the justification for building retaining wall on Mithi. Vanshakti foundation filed a case against MRDPA in NGT (Mithi Judgement before NGT, 2015), Delhi wherein they pointed out to the construction of the retaining wall which was done without the CRZ clearance nor environment impact assessment was done for the blasting activity which was undertaken by MMRDA. It was noted that “MRDPA had decided to start the construction of retaining Governance of Urban River Page | 80 wall, particularly, without considering measures to protect adjacent areas from floods, by erecting surrounding wall on the river Mithi”. Moreover The Environmental Clearance was granted by MoEF on 4th December, 2012 wherein the relevant documents had not been placed and it sceptical so as to whether MCZMA really conducted any scientific hydrological study and prepared Environmental Impact Report for CRZ clearance. Furthermore no EIA report was submitted which looked into adverse impact the project will have on Mithi’s – biodiversity, natural tidal movements and internal flow of the river. Thereafter the case even moved to Supreme Court which finally directed IIT-B and NEERI to prepare comprehensive report on Mithi and also assigned an expert committee to come out with recommendations. This report has been submitted but the hearing for the status and progress of work done by MCGM and MMRDA is being delayed by both MCGM and MMRDA. SC directed all the work to be put on halt but despite this the researcher found the tender for retaining wall, the figure below. Figure 26 Tender by MCGM for constructing retaining wall The political machinery conveniently by passes the regulations and development control which are in place and its finally the judiciary which has the authority to direct the state to perform their duties but this was possible because of the pressure created by civil society organisation which actively pushed and fought the case which was stretched to years and still hasn’t adjourned till date. Governance of Urban River Page | 81 Mangrove or Man(graved)? Mangrove now falls under protected forest category where development permission have to be granted with Environment Clearance by Mumbai Coast Zonal Management Authority. They are seen as roadblocks for developers who seek to assimilate as much land bank that they can harness, especially along the coast where the land prices are sky rocketing. Increase in the mangrove area – myth or a fact The area under mangroves in Maharashtra was 200 sq. km in 1972-75, which was reduced to 108 sq. km in 1997 but increased to 118 sq. km in 2001. According to MMRDA, the mangrove areas in Mumbai have shown significant increase since 1991. However, this claim is under contention, a major chunk of the reclamation has been done between 1991 and 1997. About 70 per cent of Mumbai’s mangroves have been destroyed due to various development activities. “Depletion of vegetation, transformation of soil cover to concretised landscape has reduced permeability, increased run-off, which has been one of the primary causes for the flooding in Mumbai during monsoons; creeks are increasingly getting narrower and shallower due to silt and increase in built-up area, causing blockage of the natural drainage systems of the city” (Deshmane, 2015). Figure 28 Mithi's Catchment in 1960 Figure 27 Mithi's catchment in 2018 The figure above shows the temporal change in River’s catchment area from 1960 to 2018. As seen from the figure there is a major chunk of mangrove cover lost near the BKC area. With time the hydrology of the river has been modified and the mangrove patch which now exists in the BKC area has degraded in terms of the quality and has bald patches which are caused by the excess pollution in Governance of Urban River Page | 82 the river as well as the fast movement of water in and out of the basin, this is the resultant of the reduction in the area near the mouth of the River. Despite of all the protection afforded by several Acts, the mangroves continued to face the onslaught hence in order to protect the remaining mangroves in and around Mumbai the Bombay Environmental Action Group (BEAG) filed a Public Interest Litigation No. 87 in 2006 in the Bombay High Court seeking the Court’s intervention to inhibit the destruction of Mangroves. The Hon’ble High Court issued a landmark order for PIL 87 of 2006 to save the mangroves of Maharashtra coast. The judgment mandated that mangroves on government land to be declared as “Protected Forests” and those on private lands as “Forests”. Moreover any construction within 50 m from the boundary of the mangroves and dumping of debris in the mangrove areas was disallowed and prohibited” (MCGM, 2016). Thus there are stringent rules in place which have prevented the cutting down of mangrove trees. Furthermore, due to excessive siltation mangroves have grown at new places showing that de-silting has not been done by authorities. The wrong place of growth of Mangroves i.e. at the mouth or river obstructs the path of flow of river as well. This blocks the flow of the river and also can cause flooding situations. The Mangrove cover claimed to have been increased in BKC belt is proud punch which was stressed and given by MMRDA officials and experts but the fact that the Mangrove is growing in the Mouth of the River which leads to the Bay hampers or impedes the flow of the water to the Bay. The Mangrove cover in this area also indicates the high pollution level in the River where the Mangroves thrive and survive. Wall built in between the mangroves The area under Mangrove cover falls under CRZ-I which is the eco-sensitive zone. The Mumbai Mangrove Conservation Cell has confirmed that the construction of a concrete wall (retaining wall) for the 33.2 km Metro-3 (Colaba-Bandra-Seepz) at Dharavi has altered Mithi Figure 29 MMRCL construction debris being dumped in Mithi River's natural flow. Bhathena rubbishes the claims. “The project has permission to cut mangroves from the Maharashtra Figure 30 Retaining wall constructed between Mangroves Governance of Urban River Coastal Zone Regulation Authority (MCZMA) and the high court. But, MCZMA permission was given on Page | 83 condition that they would not dump any debris into Mithi. But, here, the contractor is constructing a wall inside the river and narrowing its width. Why don't they show what permissions they have for this particular work”. The wall passes right through the Mangrove patch which falls under CRZ-I, eco sensitive zone where no development is allowed to occur other than the municipal facilities. The MCZMA at its 14th meeting, on November 2, 2016, clearly stated that mangrove patches should not be disturbed during the construction and operation phase, and that no muck should be dumped in the CRZ area.. Thus there is lot of hyprocrisies that emerge where the authorities state something and on ground the allowance is given to something else altogether. One of the points mentioned at the meeting was that MMRCL should ensure the muck was transported from the site within 74 hours. The Mangrove Cell team had also taken statements from the contractor's staff that there was no illegal work going on (Singh, 2018) .But the real ground scenario is something else altogether. The photo above shows the waste being dumped into the river. Governance hurdles There are many discrepancies in the governance model which is managing Mithi and this reflects in the actions executed on the ground. Multiplicity of agencies in governance framework with toothless coordinating agency The dynamic processes of urbanization and associated land-use changes in the megacities of the Global South are driven by a multiplicity of actors embedded in complex global-local relations (HEINRICHS et al. 2012, HOMM 2014). The state government is trying to rescue the river with their elusive plan which is being implemented with less concurrency in mind. The responsibility of restoring the river being shared between two authorities Mumbai Metropolitan Region Development Authority (MMRDA) and BrihanMumbai Municipal Corporation (BMC) directed by Mithi River Development and Planning Authority (MRDPA), gives a deceptive impression of revival and truth. The MRDPA is not a Statutory Authority and hence, acquisition of land and rehabilitation work cannot be undertaken by the said authority. Therefore work with respect to project implementation, land acquisition, Rehabilitation of Project affected persons, and others are carried out by respective executing agencies, in their respective jurisdiction. The development works associated with the river would be carried out by these agencies on the behest of MRDPA; this decision was taken in the Empowered Committee Meeting on Jan, 2006. Thus this diluted MRDPA’s power as a central agency which was supposed to manage the River’s development and lead to diminishing or demeaning MRDPA’s existence. In many cases the governance of megacities in the Global South is characterized by sectoral approaches lacking integrated planning and inter-sectoral coordination, the expert committee observed Governance of Urban River Page | 84 that there is no proper coordination between the various agencies involved as well as within the internal Departments of the concerned Agency resulting in delay of works (IITB ; NEERI, 2017). With no leading agency which empowers or brings the other institutions together, there is miscommunication, non coordinated actions and blame game. The interviews conducted by the Researcher had clear indication that the different departments within the same institution don’t communicate nor are they aware about the status of the Mithi Revitilisation Project. The Sewerage Department proposes a Sanitation plan for an area only to realise that the roads don’t align with the sewerage networks, thus roads are then scrapped and the lines are laid down. MMRDA looks at MCGM for not managing the pollution problem which comes to their backyards while MCGM states that they don’t have resources like MMRDA which impedes their progress of work completion. Why are development projects convenient and Mithi’s rejuvenation a hindrance? The report prepared by IIT-B in 2005 notes that in 1923 topographic sheets there are about 12 smaller ponds which were water retention ponds supporting the Mithi River’s flow and were part of its watershed area. These areas have been reclaimed for developmental activities and evidences of their existence is not available for visualisation. The development projects are sanctioned passed and case of Mithi hasn’t come to rest. Its been 14 years and Mithi’s condition keeps getting worse every year. The CRZ clearance is not available for STP but is readily made available for private development in the CRZ-II zone, these contestations where the River is constantly being viewed as a space which can be encroached upon for real estate Figure 31Natural drainage and sub watersheds of development and River has to battle to flow and keep Mithi Source: (IIT-B, Development of Action Plan for herself clean while the rest of the things can go Environment Improvement of Mithi River along its banks - First Interim Report, 2005) haywire, all this shows the sensitisation or the manner in which the River is seen by governing agencies. The map below shows the proposed projects which are around Mithi’s River basin, this includes the Metro –III line project which is going to have a station at BKC; a pedestrian pathway which connets Governance of Urban River Page | 85 the Mahim Nature Park to BKC and the Chunnabati – BKC elevated corridor which is infrastructure project proposed and now being constructed to ease the traffic in Sion. Figure 32Proposed development projects along Mithi “Metro Phase 3 work has reduced the width of the Mithi river at Dharavi and Bandra Kurla Complex areas. This will severely restrict the outflow of rainwater during the monsoon this year. This can be lead to another flooding disaster in Mumbai,” said Bhathena. This project will have the transport Governance of Urban River Page | 86 network go under the Mithi’s riverbed; a first of its kind project in India. The Connector Road has already laid down the pillar on the River’s bed. It must be noted that all the three projects are around BKC and in the same area where mangrove cover and mudflats are present. But the project was sanctioned and passed but there are lack of funds for setting up STP in this region. Is flooding a social construction? A river floods irrespective of its surrounding but the problem occurs when the flooding occurs in the Financial Centre of the country affecting a large proportion of human lives and a good share of economic and social loss is incurred. In this development paradigm we have forgotten that there are limitations to harness, mould and tame the surroundings. Our development practices are no longer sustainable and are driven by utility and economic benefits, an equation which doesn’t fit well with nature which runs on principles and laws which are universal. If Mithi would have flooded in forest nobody would bother to “rejuvenate” it, our actions have led to externalities and consequences which we try remedy by operating with foolish strategies which aggravate the problem further. UPE states that there are complex layers and decision makers should consider the socio-ecological-political- economic factors around any project. The path to development is not progress if we will only cause harm to our own race with our own actions. Thus flooding as a process is our construction where we interpret it as something that is harmful and dangerous. But there are International cases like of Amsterdam, a city which is below the sea level where the experts have accepted the environment and geographical setting the city is based in and have adapted to it with design interventions which harmonised in their context. The planning and design knowledge and practice which play an important role in giving urban form to the city have been utilised in a productive manner. They have mechanism which doesn’t see urban floods as a disaster but a routine around which their development is enveloped or framed, thus giving an ethnic and localised approach which is sustainable in the long run. Idiolising Riverfront development with no context Riverfront development, a westernised model of revamping a river’s edge is a concept which promote to fuel the real estate development in the city which derives economic benefits to the developers. In the study the researcher often came across the Riverfront development being idiolised by experts to revamp the conditions of the Mithi. Sabarmati Riverfront having the indigenous touch is considered the role model for Mithi’s development model. Often it happens that such cases are popularised as good case studies which are replicated in every nook and corner with no rational or linkage to the ground treality where its implemented. Sabarmati like Mithi (now) was a seasonal river which went dry but now is being supplied with Narmada’s water to give aesthetic scene to the city of Ahmedabad. The concretisation Governance of Urban River Page | 87 of the riverbed has led to alteration in the biodiversity and has destroyed the ecosystem which the river used to sustain and the narrative that the River has been turned into canal which no denies a range of activities which used to occur on and along the banks is often lost by the glamour and attention such cases receive. The concretisation in Indian context where the climate is hot leads to these structures heating up and radiating heat, thus only pleasing the night walkers (MISRA, 2015). Moreover the denial of irrigation water at the cost of aesthetics is lost cause in the creation pf this landmark (Mohan, 2017) The idea for retaining walls was taken from Sabarmati and this is rejoiced as a smart move by the authorities who see this as a blessing they have provided to the River which soon will be a mere canal. Many studies and research work prove that Rejuvenation of Sabarmati is a sham and has killed the River (Yadav, 2014). Then the logical basis for selecting these role models points to other dynamics of UPE which operate, which here is the capitalisation of such infrastructure projects. Aspects of the River considered for rejuvenation River’s rejuvenation or restoration in its simplest sense refers to improving the environmental health of the river. All these said proposals where in the name of River’s rejuvenation but when we do case by case analysis to see whether the objectives of rejuvenation are aligning with the operationlaisation measures, sadly its a no. For the recommendations as medium of governance , there are only few reports which have considered Mithi’s river catchment as a region which influences the ecosystem of the Mithi. The proposals given by only few have recommendations which are sensitised with the various parts of the river- the wetlands, biodiversity, the edge, the floodplains. Though these reports mention these as subsections, the fact that these aspects have been considered when the proposal id given rests only for a handful. The Spatial Plan section comprises of 2D bird’s eye view drawings which have not performed in depth anaylsis different elements like the SGNP and the river have in the map. The DCR which pertain to the DP don’t comprehensively converse with the urban form when it comes in linkages th River’s edge will have with surrounding land use or built form. This requires an approach where sections are prepared and activities which are occurring the area are mapped and the consequences are accounted in the design guidelines. RP 2016’s a Blue Green plans are ground breaking as they link the ecological system at the MMR level and have actually attempted to bring out the best at that scale. The Mithi marked in the DP plan is based on BRIMSTOWAD report which was written years ago, this shows the slackly attitude the authorities have in preparing the Existing Land use map. The policy mechanism though are comprehensive and have been formulated, their violation is like walk in the park for the benefactors. The regulatory authorities are tongue tied and don’t have the Governance of Urban River Page | 88 means to take stringent actions which highlights the authority and level of power they are attricuted to in the governance framework. Judiciary is seen as a saviour who can bring justice to Mithi’s rejuvenation process but this is also a doubtful cause as it’s heavily dependent on the Judge’s decision. Summary After assessing the reports which have been released at various points in time, analysing the manner in which the various instruments of governance operate comes and the role the agencies play, we come down to the discourse of reality. The reality where there is more grey to the river than the blue, here the grey refers to its polluted state as well as the real estate development which is taking over the river. Governance of Urban River Page | 89 9. CONCLUSION Mithi’s governance is politicised by socio-economic factors which disregard the ecological parameters of River as its inherent characteristic. All the funds that have been directed for River’s rejuvenation are a sham as they haven’t been successful in improving the conditions of the River at any level. None of the development works at the BKC have been for the Mithi River, its conservation and revitalization. What actually comes out as rejuvenation of the river is the grave environmental destruction which is proudly showcased as the Global Landmark of the city, the cost of this development is not understood nor is it realised in non- monetary terms. The central idea of all the reports prepared and studies conducted was in the act of rejuvenating and restoring Mithi, the nature and type of the recommendations put forth indicate the meaning institutions associate with when they propose such measures. So then where is the governance falling short? Rejuvenation of the river in its sacrosanct approach requires the river to be viewed as an ecosystem which is connected to other neighbouring systems; to look at different parts of the river – the wetlands, the edge, the floodplain, the biodiversity and other components linked to it. The assessment done for analysing the part of the river the recommendation is assigned for showcased that the some reports have highlighted or the governance machinery in the city has the knowledge which corresponds to the proper means of perceiving or imagining the river but the UPE that tangles the process from conceptualisation to executions falls short in materialising this idea on the ground. .No such considerations weigh on the minds of Mumbai’s bureaucrats, politicians and the judiciary who, in their wisdom, have re- designated certain stretches of the western seafront as “bays” rather than shoreline, this is case for Mahim. So does that mean that one who pays the piper call the tune? Unscientific and haphazard measures adopted for reclaiming land and the changing nature of land because of increase in built-up area have adversely impacted the city’s ecology. It has caused perennial flooding and devoured creeks which acted as natural drainage systems. But despite the known and established fact that the entire city has suffered we continue to follow old practices and the same development trajectory. The only add on to this thread of story is that of the handful who earn in the backdrop and allow haphazard development to continue in the city continue to benefit. The real estate lobby has proven to be successful in opening up the coastal front development of the city despite the regulations and different planning instruments in place, this indicates that the state is not concerned nor does it plan to see a stake in the matter. It’s the whole process where the centre of the stage is occupied by capital and the rest revolve around it which includes the agencies. Governance of Urban River Page | 90 Mithi in between this entire tussle struggles to hold value in the city which is banking on it for more land for reclamation and more funds for its upgradation while she fights to reach the Mahim Bay as a River. The only happy ending to this whole melodramatic soap opera for Rejuvenation of the River is when civil society and informed citizens like you and me take control of the political system which presently is not just denying the River a rightful place in the city but is also leading the city to crisis in the future. The PIL’s by NGOs and appeals by citizens have shown some positive comeback for the River and also gives hope to Mithi which at the end of the day is a riverine ecosystem which we shaped and in future Mithi will shape the havocs faced by the city. This is plausible as done in many countries like the “Room for the River”, a unique programme that aims to restore the river’s natural floodplains, adopted by Netherlands to restore marshy riverine landscapes by perceiving and understanding estuary as water storage sponges and not training the river course which brought floods there in 1993 and 1995. 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