JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.

2. Petitioner challenges the decision of Maharashtra Coastal Zone Management Authority (MCZMA) dated 20th April 2021 declining Costal Zone Regulation clearance for issuance of occupancy certificate for its building. MCZMA has treated the case of Petitioner as violation of CRZ Notification 2011 calling it upon to submit requisite information for regularization of construction under Office Memorandum dated 19th February 2021. Objection of MCZMA is to the act of Municipal Corporation in granting development permission under Development Control Regulations 1991, when the CRZ clearance envisaged carrying out the construction in accordance with Development Control Regulations 1967.

3. Petitioner is the owner of the property being land bearing C.S. No.79 of Colaba Division, Nathalal Parekh Marg (Wood House Road), Wing A, Mumbai alongwith building standing thereon known as ‘Amir House’ (Property).

4. In exercise of powers conferred under Section 3(i) and 1(ii)(v) of the Environmental (Protection) Act, 1986 r/w. Sub-Rule 3 of Rule 5 of the Environmental (Protection) Act, 1986, the Ministry of Environment, Forests and Climate Change, Government of India (MOEF) issued the Coastal Regularization Zone Notification 1991 (CRZ Notification 1991) on 19th February 1991 declaring the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action upto 500 meters from the High Tide Line and the land between the Low Tide Line and High Tide Line as Coastal Regularization Zone (CRZ) and imposed restrictions on setting up and expansion of industries, operations or processes etc in the Coastal Regularization Zone. As per the Coastal Zone Management Plan prepared in pursuance of the CRZ Notification 1991, the areas falling within CRZ are classified into various groups. The property involved in the present petition is situated in CRZ II area on landward side of the existing road.

5. At the time when CRZ Notification of 1991 was issued on 19th February 1991m the applicable local town and country planning regulations in the city of Mumbai were the Development Control Regularization of 1967 (DCR 1967). Petitioner submitted a proposal for re-development of the property with the Municipal Corporation of Greater Mumbai (MCGM). Since the property is situated in CRZ II, it became necessary to obtain CRZ clearance of MCZMA. Accordingly, a proposal for CRZ clearance was submitted by the Project Proponent-MCGM on behalf of Petitioner to MCZMA on 12th May 2010 for proposed reconstruction of the building ‘Amir House’. By letter dated 9th June 2010, MCZMA granted CRZ clearance for the project in accordance with provisions of CRZ Notification of 1991. One of the conditions of CRZ clearance was that the FSI and building plan proposed in the reconstruction of the building would be as per the DCR 1967. In the meantime, the building ‘Amir House’ came to be declared as a dilapidated building by MCGM vide letter dated 1st June 2010.

6. On 25th March 1991, DCR 1967 came to be replaced by the provisions of the Development Control Regulations 1991 (DCR 1991). The DCR 1991 contains a special provision for reconstruction / redevelopment of old dilapidated buildings under Regulation 33(6). The Intimation of Disapproval (IOD) was issued by MCGM on 15th October 2010 by considering Petitioner’s proposal under Regulation 33(6) of DCR 1991. The development permission/commencement certificate (CC) was amended from time to time by issuance of commencement certificates dated 6th December 2010, 17th August 2011, 22nd March 2012 and 17th September 2012.

7. By the time petitioner commenced construction of the new building, MOEF issued CRZ Notification on 6th January 2011 (CRZ Notification 2011) in supersession of CRZ Notification 1991. Paragraph 8(V)(c) of the CRZ Notification 2011 permits reconstruction