2024:BHC-OS:14641-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.7 OF 2023 Vanashakti & Anr. ....Petitioners Digitally signed by BASAVRAJ BASAVRAJ GURAPPA V/S GURAPPA PATIL PATIL Date:

2024.09.25

12:05:10 +0530 Union Of India & Ors. ....Respondents WITH INTERIM APPLICATION NO. 1320 OF 2021 IN PUBLIC INTEREST LITIGATION 7 OF 2023 National Real Estate Development Council (NAREDCO) ….Applicant In the matter between:

Vanashakti & Anr. ....Petitioners V/S Union of India & Ors. ....Respondents WITH INTERIM APPLICATION (L) NO. 35241 OF 2023 IN PUBLIC INTEREST LITIGATION 7 OF 2023 Government of Nagaland Through Chief Engineer ....Applicant In the matter between:

Vanashakti & Anr. ....Petitioners V/S Union of India & Ors. ....Respondents WITH INTERIM APPLICATION (L) NO. 4411 OF 2023 IN PUBLIC INTEREST LITIGATION 7 OF 2023 Patel and Associates Through Its Partner Manji Karashi Patel ....Applicant V/S In the matter between:

Vanashakti & Anr. ....Petitioners V/S Union of India & Ors. ....Respondents WITH INTERIM APPLICATION (L) NO. 35236 OF 2023 IN PUBLIC INTEREST LITIGATION 7 OF 2023 Government of Nagaland Through The Chief Engineer ....Applicant In the matter between:

Vanashakti & Anr. ....Petitioners V/S Union of India & Ors. ....Respondents WITH INTERIM APPLICATION (L) NO. 4408 OF 2023 IN PUBLIC INTEREST LITIGATION 7 OF 2023 Patel and Associates ....Applicant In the matter between:

Vanashakti & Anr. ....Petitioners V/S Union of India & Ors. ....Respondents Shri Akash Rebello a/w Shri Zaman Ali a/w Ms. Karishma Rao and Shri Yogesh Pandey for the Petitioners.

Shri Saurabh Butala a/w Ms. Nikita Mandaniyan i/b Shri Harshad Bhadbhade for the Applicant (NAREDCO).

Shri Saket Mone a/w Ms. Anchita Nair and Shri Abhishek Salian i/b Vidhi Partners for Interveners in IA/4408/2023 and IA/4411/2023, IA/35241/2023 and IA/35236/2023.

Shri Y.R.Mishra with Shri Dashrath A Dube and Shri Upendra Lokegoankar for Respondent No.1/ Union of India.

Smt. Jyoti Chavan, Additional Government Pleader for State of Maharashtra.

Ms. Jaya Bagwe for Respondent No.3 (MCZMA)

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &

AMIT BORKAR, J.

RESERVED ON : JULY 10, 2024 PRONOUNCED ON : SEPTEMBER 24, 2024 JUDGMENT (PER : CHIEF JUSTICE)

1. Heard Shri Akash Rebello, learned Counsel representing the petitioner – organization, Shri Y. R. Mishra, learned Counsel representing respondent No.1- Union of India, Shri Saket Mone, learned Counsel representing the Interveners – State of Nagaland and Patel and Associates and Shri Saurabh Butala representing the intervenor - National Real Estate Development Council (NAREDCO). We have perused the records available before us on this PIL petition.

(A) Challenge:

2. This PIL petition invokes our jurisdiction under Article 226 of the Constitution of India, to assail the validity of Office Memorandum dated 19^th February 2021, issued by the Government of India in the Ministry of Environment, Forest and Climate Change which prescribes a procedure for dealing with violations arising on account of not obtaining a prior Costal Regulation Zone (hereinafter referred to as the CRZ) clearance for permissible activities. The impugned Notification permits a project proponent operating in CRZ areas to seek post facto clearance as required under the CRZ Notification(s).

(B) Relevant statutory prescriptions:

- The Environment (Protection) Act, 1986 Section 3. Power of Central Government to take measures to protect and improve environment.—

(1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:—

(i) co-ordina