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D. Y. CHANDRACHUD, HIMA KOHLI
Municipal Corporation of Greater Mumbai – Appellant
Versus
Worli Koliwada Nakhwa Matsya Vyavasay Sakhari Society Limited – Respondent
ORDER
IA No. 91674/2022
1. The IA has been moved by the Municipal Corporation of Greater Mumbai for modification of the interim order dated 17 December 2019, to permit it to carry out certain work pertaining to the Coastal Road Project details of which are in paragraph 5 of the IA. For clarity of analysis, the contents of paragraph 5 of the IA are extracted below:
'The "other development work " which was not permitted to be carried out includes creation/ construction of gardens, open green spaces, parks, cycle track, landscaping of seaside promenade and road-median, jogging track, butter fly park, amusement parks, underground car parks, recreation spaces etc. on the land required to be reclaimed to ensure smooth alignment of the Coastal Road.'
2. By the interim order of this Court, the judgment of the High Court dated 16 July 2019 was stayed. The petitioner was permitted to reclaim land, build the road (the coastal road as it is described) and secure the road. However, the petitioner was restrained from carrying on any other development work until further orders.
3. By an order dated 7 October 2020, this Court clarified that the judgment of the High Court governed the reclamation of 90
The judgment emphasizes the importance of sustainable development and adherence to CRZ clearance conditions in permitting specific development work allied to the Coastal Road Project.
The court affirmed that construction in CRZ-II is permissible under the Coastal Regulation Zone Notification, provided it does not harm mangroves and adheres to environmental safeguards.
CRZ-2011 prohibits constructions in ecologically sensitive CRZ-I and seaward CRZ-II; even temporary structures on permanent bases illegal; mandatory demolition required irrespective of nature to prot....
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
The judgment clarifies the conditions under which ongoing National Highway projects are exempt from certain legal constraints, emphasizing public interest and timely completion.
Constructions in ecologically sensitive CRZ-I and on seaward side of roads in CRZ-II are prohibited; even temporary structures on concrete bases illegal, mandating demolition and restoration to prote....
The Tribunal highlighted the significance of compliance with noise pollution standards and recognized shared responsibility for noise beyond construction activities.
The court highlights the necessity for construction projects to comply with statutory noise pollution limits, reiterating adherence to Supreme Court directives regarding ongoing constructions.
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