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R. D. DHANUKA, M. M. SATHAYE
Municipal Corporation Of Greater Mumbai – Appellant
Versus
Union Of India Through Ministry Of Environment Forest And Climate Change, Paryavaran Bhavan – Respondent
JUDGMENT
M. M. Sathaye, J. - By this Petition filed under Article 226 of the Constitution of India, the Petitioner (Municipal Corporation of Greater Mumbai) is seeking a writ in the nature of mandamus directing the Respondent authorities to permit the Petitioner to execute a project of proposed suction tank for providing adequate water supply to citizens around Gorai Village. The Petition is filed in view of the finding of this Court recorded at paragraph 83(viii) of the Judgment and Order dated 17th September 2018 passed in PIL No. 87 of 2006 (Respondent No. 6 - Bombay Environment Action Group Vs. State of Maharashtra(hereinafter 'the BEAG's case' for short).
2. It is the case of the Petitioner that it is a statutory body established under Mumbai Municipal Corporation Act, 1888 tasked with various duties including providing potable water to citizens residing within its jurisdiction. As a part of the endevour to provide potable water, the Petitioner has envisaged developing a project site for suction tank of about 40 sq mtrs near the Fish market, Gorai Village at CTS No. 1145(Survey No. 265/A) which is a land owned by the Government of Maharashtra, and the said project site is partly
The Court balanced the need for public good against environmental protection and found that the proposed water supply project falls under permitted exceptions in the CRZ notification and protection o....
The court emphasized the importance of public interest and environmental protection in allowing the Municipal Corporation to proceed with the project near the mangroves buffer zone.
The court affirmed that construction in CRZ-II is permissible under the Coastal Regulation Zone Notification, provided it does not harm mangroves and adheres to environmental safeguards.
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
The court affirmed the necessity of balancing coastal development with environmental protection, allowing construction of an Anti-Sea Erosion bund while emphasizing compliance with environmental regu....
The central legal point established in the judgment is the importance of obtaining statutory permissions and approvals, complying with the terms and conditions imposed in the statutory approvals, and....
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
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