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.

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 17^th 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 24^th February, 2022 before MCZMA for CRZ clearance in prescribed format. By communication dated 11/12^th April, 2022 MCZMA decided to recommend the proposal from CRZ point of view to SEIAA subject to the 4 conditions stated therein. In 244^th meeting of SEIAA, the proposal of the petitioner was deliberated and SEIAA decided to grant CRZ clearance in respect of project subject to the 4 conditions.

4. Mr. Milind Sathe, learned senior counsel for the petitioners submits that the Corporation has obtained approvals of Respondent No.2- MCZMA and Respondent No.5- SEIAA for execution of the proposed project and is approaching this Court for obtaining its permission before execution of the project at the site. It is submitted that the proposed project does not involve destruction of even a single mangrove tree or utilization of any forest land. The present petition is filed as the site is within 50 meters of mangroves buffer zone. It is further submitted that the proposed service road is in fact a missing link between the two ends of already existing service roads. The proposed project is on the seaward side and adjoining the existing Palm Beach Road. A copy of road alignment on Google image, photograph of the site is annexed to the petition. A copy of CZMP Map in respect of the said project is annexed to the petiton. Site inspection report dated 18^th August, 2021 of the Range Forest O Mumbai Mangroves Conservation Unit, Navi Mumbai is enclosed. The said site visit and the report is in respect of four proposed projects and the project involved in the present petition is at Sr. No. 1 of the said report.

5. Mr. Sathe submitted that on 6^th January, 2011, Ministry of Environment and Forest (“MOEF”) published in the Gazette, Coastal Regulation Zone Notification (“CRZ Notification”) to ensure livelihood and security to fisher communities and other local communities living in the coastal areas. This was to conserve and protect coastal stretches, its unique environment and its marine area and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming, thereby declared the coastal stretches of the country and the water area upto its territorial water limit, excluding the islands of Andaman and Nicobar and Lakshadweep and marine area surrounding these islands upto its territorial limit, as Coastal Regulation Zone and restricted the setting up and expansion of any industry, operations or processes and manufacture or handling or storage or disposal of hazardous substances in the aforesaid Coastal Regulation Zone.

6. The petitioner submits that as per the para 3(iv) of the CRZ Notification, 2011 construction of road is a permissible activity. It is submitted that as per Clause 3 of the Notification, the activities which are prohibited in CRZ areas are set out, with sub clause (v) setting out the exception to such prohibitions, which exception includes construction of road.

7. While recommending the proposal from CRZ poi