A.S. OKA, J.

1. PIL No.218/2013 is filed inter alia for inviting attention of the Court to destruction of mangroves in Navi Mumbai (New Bombay). A judicial notice will have to be taken of the fact that in early 60s, on the recommendations made by the committee headed by Shri S.G.Barve, a retired Civil Servant, the State Government took a decision to set up a satellite city of Navi Mumbai to reduce congestion in the city of Mumbai.

Accordingly, from the year 1970, lands in 95 villages in Thane and Raigad districts were en-bloc acquired under the provisions of the Land Acquisition Act, 1894 for setting up a satellite city of Navi Mumbai. The area of Navi Mumbai is about 344 square kilometers. It is pointed out in the petition that Navi Mumbai is known for its picturesque wetlands. It is pointed out that Navi Mumbai has a creek line of 150 km with a dense mangroves bed of about 50 sq.km, various water bodies and mud flats which support various categories of flora and fauna. It is pointed out that Navi Mumbai is located 1 meter below mean high tide level and hence, it is important to protect the coastal areas like the mangroves belt, lakes, holding ponds and wetlands to combat the harsh impacts of adverse environmental calamities.

2. Three broad issues are urged in PIL No.218 of 2013. The first is regarding large scale destruction of mangroves though mangrove areas have been classified as protected forest. It is pointed out that there are instances of burning of mangroves or destruction of mangroves by dumping of construction waste or other debris. The second issue is of protecting the mangroves which are classified as forest. The third issue is about the protection of wetlands in Navi Mumbai. It is pointed out that wetlands are adversely affected by dumping activities undertaken in a systematic and deliberate manner. The specific issues raised in PIL No.218 of 2013 concern two lakes in Navi Mumbai. The first is called as DPS Lake behind Delhi Public School in Sector-52 of Nerul, Navi Mumbai. It is alleged that it is a natural wetland of having an area of about 30 acres which surrounded by mangroves. What is pointed out is that for diverse reasons such as dumping of garbage and construction debris over the lake as well as adjoining mangroves, the DPS Lake is being destroyed. The other lake subject matter of this petition is located in Sector-34 of Navi Mumbai behind Indian Maritime University (also known as T.S. Chanakya) on Palm Beach Road. It is hereafter referred as second lake. It is pointed out that this lake is also facing the same difficulties. By amending the petition, one more challenge has been incorporated in PIL No.218 of 2013.

The said challenge is to the notification dated 5th October 2016 (for short "the impugned notification") issued by the Government of Maharashtra through its Urban Development Department. A development plan for Navi Mumbai was sanctioned by the State Government by notification dated 18th August 1973 read with the notification dated 18th January 1980 with effect from 1st March 1980. The plan was sanctioned in exercise of powers under section 31 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act"). The draft development plan was prepared by the City and Industrial Development Corporation Limited (for short "CIDCO") which was appointed as the New Town Development Authority for the area comprised in Navi Mumbai in exercise of powers under sub-section 3(A) of section 113 of the MRTP Act. It is also a Special Planning Authority within the meaning of the MRTP Act. The process of modification of the sanctioned development plan of 1980 was commenced in the year 2002 by a notification dated 27th June 2002 published in the Government Gazette dated 18th July 2002. The modification was initiated in respect of the three land pockets in Karave village described therein as