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2021 Supreme(Bom) 18

DIPANKAR DATTA, G.S.KULKARNI
Municipal Corporation of Gr. Mumbai – Appellant
Versus
Bombay Environmental Action Group (BEAG) – Respondent


Advocate Appeared:
For the Petitioner: K.H. Mastakar, MCGM.
For the Respondents:Shreya Parikh, Peterasp Sasuri i/b. Jayarar & Partners, Geeta Shastri, AGP, Jaya Bagwe i/b. Sharmila Deshmukh, Advocates.

JUDGMENT :

G.S. KULKARNI, J.

1. Rule returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2. The petitioner is the Municipal Corporation of Greater Mumbai (for short ‘MCGM’) which intends to execute the “upgradation work of design, fabrication, installation and commissioning of heavy duty back rake type mechanical screening for Irla Nalla at Irla storm water pumping station in K/West Ward.” Such work is stated to be of public importance, being undertaken to remove huge quantity of floating material discharged into sea, which would otherwise adversely affect environment and more particularly the aquatic condition of the sea. It is stated that floating materials in the Irla Nalla adversely affect the smooth operation of the flood gates and of the pumping station. The MCGM has contended that if the installation of the back rakes are undertaken, the trash would be arrested and removed from the drain structure and the drainage(nalla).

3. The MCGM accordingly, moved a proposal with the Maharashtra Coastal Zone Management Authority (for short ‘MCZMA’) seeking its approval as the proposed work fell under the Coastal Zone Regulations. The MCZMA in its 144th

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