IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 22 OF 2024 Zoru Darayus Bhathena …..Petitioner : Versus :

1. Maharashtra State Road Development Corporation

2. Maharashtra Coastal Zone Management Authority

3. Government of Maharashtra, through its Chief Secretary

4. Union of India through MoEF&CC Through the Ministry of Law & Justice Branch Secretariat.

5. Municipal Corporation of Greater Mumbai, through Municipal Commissioner

6. Adani Properties Pvt. Ltd. ….Respondents ALONGWITH PUBLIC INTEREST LITIGATION (LODG.) NO. 8224 OF 2024 Bandra Reclamation Area Volunteers Organization (BRAVO) …..Petitioner : Versus :

1. Union of India, through the Secretary of Ministry of Environment and Forest

2. State of Maharashtra, through the Secretary of Ministry of Environment and Forest.

3. Maharashtra State Road Development Corporation

4. Maharashtra Coastal Zone Management Authority, through its Principal Secretary, Environment Department

5. Adani Properties Pvt. Ltd. ….Respondents Mr. Tushad Kakalia i/b. Ms. Pushpa Thapa for the Petitioner in Public Interest Litigation No. 22 of 2024.

Ms. Ronita Bhattacharya Bector i/by. Mr. Amar Garate for the Petitioner in Public Interest Litigation (L.) No.8224-2024.

Mr. Milind Sathe, Senior Advocate with Mr. Bhushan Deshmukh with Ms. Ravleen Sabharwal and Ms. Aarushi Yadav i/b. RS Justicia Law Chambers for Respondent No.1-MSRDC in Public Interest Litigation No.22/2024 and for Respondent No.3-MSRDC in Public Interest Litigation (Lodg.) No.8224/2024.

Ms. Ravi Kadam, Senior Advocate with Mr. Zal Andhyarujina, Senior Advocate with Mr. Karan Bhide, Ms. Rati Patni, Mr. Vikrant Dere, Ms. Anushka Maurya and Ms. Kathleen Lobo i/b. Wadia Ghandy & Co. for Respondent No.6 in Public Interest Litigation No. 22/2024 and for Respondent No.5 in Public Interest Litigation (Lodg.) No. 8224/2024.

Mr. Anil Singh Additional Solicitor General with Ms. Savita Ganoo, Ms. Carina Xavier, Mr. Raj Ambekar, Ms. Rama Gupta and Ms. Shrishti Shahi for Respondent No.4-UOI in Public Interest Litigation No. 22-2024.

Mr. Anil C. Singh, Additional Solicitor General with Ms. Shehnaz V. Bharucha i/b. Mr. A.A. Ansari, for Respondent No.1 in Public Interest Litigation (Lodg.)-8224/2024.

Ms. Jaya Bagwe for Respondent No.2-MCZMA in Public Interest Litigation No. 22/2024 and for Respondent No.4-MCZMA in Public Interest Litigation (Lodg.) No.8224/2024.

Mr. Akshay Shinde with Ms. Oorja Dhond i/b. Ms. Komal R. Punjabi for Respondent No.5-M.C.G.M. in Public Interest Litigation No. 22/2024.

Mr. Milind V. More, Addl. Government Pleader for Respondent Nos.2 and 3 in Public Interest Litigation No. 22 of 2024 and for Respondent No.2 in Public Interest Litigation (Lodg.) No. 8224/2024.

CORAM : ALOK ARADHE, CJ. &

SANDEEP V. MARNE, J.

Reserved On : 21 August 2025.

Pronounced On : 26 August 2025.

JUDGMENT :- (Per : Sandeep V. Marne, J.)

A. THE CHALLENGE

1) These two petitions are filed pro-bono-publico for restraining the Maharashtra State Road Development Corporation (MSRDC) from commercially exploiting the land, which was reclaimed for construction of Bandra Worli Sea Link in Mumbai. Petitioners contend that permission to reclaim the land in question for construction of the Sea Link was granted subject to the restriction of not utilizing the reclaimed land for residential or commercial purposes and that the said restriction would continue to apply notwithstanding the fact that the land now falls outside the Costal Regulation Zone (CRZ). They allege that in violation of the said condition imposed by the Ministry of Environment and Forests, the reclaimed land is being commercially exploited by MSRDC by appointing Respondent No.6 as a contractor.

2) The short issue that arises for considerations in these Public Interest Litigations is whether the restriction of non-exploitation of reclaimed land for commercial or residential purposes imposed in the Environmental Clearance issued as per Coastal Zone Regulation Notification, 19