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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, M.S. KARNIK
Navi Mumbai Municipal Corporation – Appellant
Versus
Union of India – Respondent
JUDGMENT :
M. S. KARNIK, J.
1. The petitioner- Navi Mumbai Municipal Corporation prays for direction to the respondent authorities to permit the Corporation to execute the proposed project of service road, drains and footpath from T.S. Chanakya Signal to Plot No.7, Sector 58, Nerul, Navi Mumbai, in view of the public importance of the project. Reliance is placed on the order of this Court recorded at paragraph 83(viii) of the Judgment and Order dated 17th September, 2018 passed in PIL No.87 of 2006 for seeking necessary permission.
2. The land where the proposed project is to be carried out falls in CRZ-II and situated within 50 mtrs. of mangroves buffer zone. The execution of the proposed project does not involve cutting of any mangrove trees and also does not require utilization of any mangroves forest area. The same is certified by the Range Forest Officer in his report.
3. The petitioner submitted proposal on 24th February, 2022 before MCZMA for CRZ clearance in prescribed format. By communication dated 11/12th April, 2022 MCZMA decided to recommend the proposal from CRZ point of view to SEIAA subject to the 4 conditions stated therein. In 244th meeting of SEIAA, the proposal of th
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 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 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.
The court emphasized the necessity of balancing economic development with environmental protection, approving a project for cement transportation via waterways while ensuring compliance with statutor....
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 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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