The Court permitted the Mira Bhayandar Municipal Corporation to construct a 30m wide road pending prior permission from the Coastal Zone Management Authority within four weeks.
Permission granted to applicant to construct 30m wide Dahisar Link Road after obtaining permission from MCZMA within 4 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NMW 288-2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 288 OF 2013 WITH NOTICE OF MOTION NO. 289 OF 2013 WITH NOTICE OF MOTION NO. 290 OF 2013 WITH NOTICE OF MOTION NO. 291 OF 2013 WITH NOTICE OF MOTION NO. 292 OF 2013 IN PIL NO. 87 OF 2006
Mira Bhayandar Municipal Corporation .. Applicant Bombay Environmental Action Group .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents
Mr. N.R. Bubna for the applicant.
Ms. Gulnar Mistry i/b M.V. Jayakar & Co. for the petitioner. Ms. K.R. Punjabi for the respondent – BMC. Mr. N.P. Pandit, A.G.P. for the respondent – State.
CORAM: MOHIT S. SHAH, C.J. & M.S. SONAK, J.
DATE : 4 SEPTEMBER 2014
P.C.:
These notices of motion has been taken out by the Mira Bhayandar Municipal Corporation seeking permission of the Court for construction of 30 mtrs. wide Dahisar Link Road as proposed in the development plan within territorial limits of the applicant – Mira
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Bhayandar Municipal Corporation.
“Specific Conditions:
(i) Mira Bhaynder Municipal Corporation should obtain prior permission of the High Court for cutting/destruction of mangroves as well as construction proposed in 50mt mangroves buffer zone area.
(ii) Detailed plan for compensatory mangrove plantation should be submitted to MoEF and MCZMA.
(iii) Proposed construction of DP roads should be on stilt wherever mangroves are present to allow free flow of sea water to protect mangroves.
(iv) & (v) ….......
General Conditions:
(i) to (viii) ........
(ix) This recommendation will be valid for 5 years from the date of issues of recommendation for commencement of construction and operation. No construction should be initiated till final permission from MoEF is obtained to the Project.”
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3. In view of the above, the proposal is returned herewith for consideration and necessary action.”
In view of the above, it is clear that it is for MCZMA to regulate the construction of roads in CRZ-IB and in No Development Zone.
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petitioner submits that what was earlier granted by MCZMA was a mere NOC whereas now the Municipal Corporation should obtain permission from MCZMA for construction of road.
Though the objection appears to be technical, the learned counsel for the applicant – Mira Bhayandar Municipal Corporation states that the Municipal Corporation would pursue their application pending before MCZMA for permission for construction of 30 mtrs. wide Dahisar Link Road as proposed in the development plan.
CHIEF JUSTICE
(M.S. SONAK, J.)
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2 issues framed by the court
Whether the High Court can grant permission for construction within CRZ zones pending MoEF approval.
Whether MCZMA NOC remains valid or renewal is required for road construction in mangrove buffer zones.
1 provisions across 1 enactments
Mira Bhayandar Municipal Corporation
Bombay Environmental Action Group
The State of Maharashtra
Other respondents
MOHIT S. SHAH
M.S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
