The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.

JUDGMENT

1. In these three writ petitions, the Petitioner-Maharashtra Maritime Board is before the Court praying for directions against the respondents to permit it to execute public works interalia of construction of proposed passenger jetty and allied facilities at Kelwa, Palghar (in Writ Petition No.759 of 2020); a Ro-Ro Jetty at Kharwadashri (in Writ Petition No.1065 of 2021) and to execute work of construction of proposed jetty and allied facilities at Kharekuran, Thane (in Writ Petition No.2025 of 2021).

2. The need for filing of these writ petitions has arisen as the nature of the proposed works fall within the Coastal Zone Regulation-I (CRZ-I), in the vicinity of a mangroves zone and as per the requirement of the decision of a co-ordinate bench of this Court in the case of Bombay Environmental Action Group and another v/s. The State of Maharashtra and others (Public Interest Litigation No.87 of 2006 dtd. 17/9/2018) (for short the BEAGS Case), whereby a total freeze has been imposed on destruction of any mangroves in the State of Maharashtra. Hence to undertake any work in such zone, the Division Bench has ordered that it would be necessary for the agency intending to undertake any work, to approach this Court for modification of the said orders of the Division Bench. In this regard the Division Bench made the following observations in paragraph 83 (viii) of the judgment in BEAGs case that In view of applicability of public trust doctrine, the State is duty bound to protect and preserve mangroves. The mangroves cannot be permitted to be destructed by the State for private, commercial or any other use unless the Court finds it necessary for the public good or public interest. It appears to be not in dispute that the projects being undertaken by the petitioner are public projects.

3. As a lead petition, the learned counsel for the parties have advanced submissions on Writ Petition No.759 of 2021. For convenience, we note the relevant facts in the lead petition. WRIT PETITION NO.759 OF 2021 The Petitioners case:-

4. It is a statutory board established under the provisions of Maharashtra Maritime Board Act, 1996. It is tasked with developing, conserving, regulating, facilitating and administering the non-major port limits on the coast of Maharashtra. It is the duty of the petitioner to ensure sustainable planned development of minor ports, port infrastructure and maritime facilities. The petitioner has successfully developed green field ports, multipurpose terminals, captive jetties, shipyards and inland water transport. Respondent no.1/Union of India through its Ministry of Environment and Forest is the custodian of the environment and forest and is, inter-alia, under obligation to implement the environmental and forestry policies not limited to grant of environment clearance. The Union of India in exercise of the powers conferred by Sec. 3(1) and (2) of the Environment (Protection) Act, 1986 has issued the Coastal Zone Management Notification dtd. 6/1/2011 (for short the 2011 notification) which is the subject matter of applicability and interpretation in the present proceedings. Respondent no.2/ Maharashtra Coastal Zone Management Authority (for short, MCZMA) is constituted under the CRZ Notification 1991 issued by the Union of In