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A. S. CHANDURKAR, JITENDRA JAIN
Mumbai Metropolitan Region Development Authority – Appellant
Versus
Union of India – Respondent
JUDGMENT :
A.S. CHANDURKAR, J.
1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.
2. The petitioner, a Statutory Body, established under the Mumbai Metropolitan Region Development Authority Act, 1974, has preferred this writ petition seeking permission to undertake construction of Metro Line-5 at Kasheli Bridge and Durgadi Fort, Village Kasheli, Taluka Bhiwandi, District Thane. In view of the directions issued in Public Interest Litigation No. 87 of 2006 (Bombay Environmental Action Group and Another vs. State of Maharashtra and Others) along with connected matters, decided on 17th September 2018, leave of the Court has been sought by urging that the project is of public importance.
3. According to the petitioner, under the Mumbai Metro Master Plan, about 118 kms. of elevated Metro Corridors are to be erected. In that regard, the petitioner has obtained various statutory permissions and approvals. On 9th May 2017, a proposal to that effect came to be submitted to the Maharashtra Coastal Zone Management Authority (MCZMA). In its 119th meeting held on 28th to 30th June 2017, the MCZMA vide Item No. 88 considered the proposal that was presented by the p
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 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 court upheld the balance between public infrastructure development and environmental protection, affirming that necessary permissions for tree transplantation were obtained under applicable laws.
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 construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
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.
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