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2000 Supreme(Bom) 598

IN THE HIGH COURT OF BOMBAY
B.P. Singh, C.J. N.J. Pandya, J.
Kisan Mehta others.... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition No. 469 of 1996, decided on 2-8-2000.
Advocates appeared :
G.G. Kalsekar with Ms. Asha Bhambwani i/by Mahimkar Co., for petitioners.
Siraj Rusotmjee with N.H. Seervai, S.A. Divan and M.S. Doctor i/by M/s. M.V. Jayakar Co., for respondent No. 7.
I.M. Chagla with Janak Dwarkadas and D.J. Khambatta i/by M/s. Maneksha Sethna, for respondents 5 and 6.
Gulam Vahanvati with Mrs. N.V. Sanglikar, for Bombay Municipal Corporation.
R.M. Sawant, G.P., for State.
M.S. Karnik, for Union of India.

Headnote:Section 3(1)(2), Environment Protection Rules, 1986, Rule 5(3)(d) and Notification dated 19th February, 1991-Reconstruction of authorised building in Coastal Regulation Zone-Requirement of CRZ Notification of 19th February, 1991-Reconstruction carried out in accordance with existing FSI norms-No violation of CRZ Notification dated 19th February, 1991.-Writ petition was filed by the petitioners in public interest challenging the validity of the permission given to respondents Nos. 5 and 6 for the development and construction on a plot of land located in World Division off Dr. Annie Besant Road. said to be abutting the sea. The challenge to the construction of a high rise building over the plot in question was in the light of the provisions of the Environment Protection Act. 1986 and the Notification issued there under by the Government of India dated 19th February, 1991.

       Held, that an authorised structure existed on the plot in question, which had been constructed up to 10th floor. This was done pursuant to the sanctioned plan and commencement certificate. The said structure had to be demolished on account of the original structure having been weakened. It was therefore apparent that respondents Nos. 5 and 6 were really reconstructing an authorised building. There was nothing in the CRZ Notification of 19th February, 1991 requiring that the plinth area should be the same as that of earlier building sought to be reconstructed. All that was required was that the reconstruction should be permitted subject to the existing Floor Space Index or the Floor Area Ratio norms and without change in the existing use. It was nobodys case that there had been any change in the existing use. The construction on the plot in question lies on the landward side of the imaginary line drawn in accordance with the clarifications issued by the central Government. There was no PSI violation, nor was there any violation of height restriction. The construction of the building was really in the nature of a reconstruction and the same was carried out in accordance with existing FSI norm. There was no violation of CRZ Notification dated 19th February, 1991 as understood in the light of the two clarifications issued by the Government of India on 27th Mard1. 1998 and 8th September, 1998. Writ petition dismissed being devoid of merits.

       Environment Protection Rules, 1986

       Rule 5(3)(d) and Notification dated 19th February. 1991.-See Environment Protection Act (29 of 1986), Section 3(1)(2).

Judgment

B.P. SINGH, C.J.:---This writ petition has been filed by the petitioners in public interest challenging the validity of the permission given to respondents No. 5 and 6 herein for the development and construction on a plot of land located in the Worli Division, Off Dr. Annie Besant Road, said to be abutting the sea. The challenge to the construction of a high rise building over the plot in question is in the light of the provisions of the Environment Protection Act, 1986 and the notification issued thereunder by the Government of India dated 19th February, 1991.

2. Petitioner No. 1 is the President of the Save Bombay Committee, vitally interested in espousing issues of public interest and environmental protection. Petitioners Nos. 2 and 3 are also members of the said Committee and are also connected with various other public institutions. Respondent No. 1 is the State of Maharashtra, while respondent Nos. 2 and 3 are the Municipal Corporation of Greater Bombay and the Municipal Commissioner, respectively. Respondent No. 4 is the Union of India through its Ministry of Environment and Forests. Respondent No. 5 are the lessees of the plot in question, while respondent No. 6 are the builders who, under a development agreement with the lessees, are constructing the building on the said plot. Respondent No. 7, the Bombay Environment Action Group, is an environment action group and a society registered under the Societies Registration Act.

3. The instant writ petition was filed on 27th February, 1997. At that time only the aforesaid notification dated 19th February, 1991 held the field. Subsequently two Clarifications have been issued by the Government of India, Ministry of Environment and Forests, dated 27th March, 1998 and 8th September, 1998, which are also relevant and which have to be considered while dealing with the issues raised in the instant writ petition.

4. It is averred in the writ petition that the Ministry of Environment Forests. Government of India, issued a notification on 19th February, 1991 under section 3(1) and 3(2)(v) of the Environment Protection Act, 1986 and Rule 5(3)(d) of the Environment (Protection) Rules, 1986, whereunder the Central Government declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) up to 500 metres from the High Tide Line and the land between the Low Tide Line and the High Tide Line as Coastal Regulation Zone; and imposed with effect from the date of the notification certain restrictions on the setting up and expansion of industries, operations or processes, etc., in the Coastal Regulation Zone. Under the notification, certain activities were prohibited while some other activities were declared to be permissible. The notification requires that even for the activities permitted under the notification, which involve investment exceeding Rs. 5 crores, prior environmental clearance from the Union Ministry of Environment and Forests should be obtained. An obligation was coast on all coastal States and Union Territory Administrations to prepare, within one year, Coastal Zone Management Plans in accordance with the guidelines given in Annexures I and II of the notification. Till such time as the Coastal Zone Management Plans were not prepared and approved, all developments and activities within the Coastal Regulation Zone were not to violate the provisions of the said notification. The State Governments and Union Territory Administrations were directed to ensure adherence to these regulations and violations, if any, were made subject to the provisions of the Environment (Protection) Act, 1986. The petitioners have referred to the various provisions of the notification and submitted that despite such a notification, several coastal States, including respondent No. 1, State of Maharashtra, failed to prepare the Coastal Zone Management Plan, and virtually ignored the said notification. Respondent No



























































































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