Brihanmumbai Municipal Corporation v. Environment, Forest and Climate Change & Ors.

Mr. Saket Mone with Ms. Oorja Dhond and Ms. Anchita Nair i/b. Ms. Komal R. Punjabi for the Petitioner - BMC Mr. Vinit Jain with A.R. Varma, Carina Xavier and Raj Arun Ambekar for Respondent No.1 – UOI Mr. Manish Kelkar for Respondent No.2 – MCZMA Ms. Gaurangi Patil, AGP for Respondent Nos. 3,4 and 5 – State Mr. Nirman Sharma with Ms. Viloma Shah i/b. M/s. AVP Partners for Respondent No.6 _______________________________________ CORAM : ALOK ARADHE, CJ. AND M.S. KARNIK, J. DATE : 07th MAY 2025 Order (Per Chief Justice) :

Rule. Rule is made returnable forthwith. With consent of the learned Counsel for the parties, heard finally.

In this Writ Petition, the Petitioner viz. Brihanmumbai Municipal Corporation (BMC) inter-alia seeks a direction to the Respondents to permit the Petitioner to execute the project of construction of vehicular bridge JPP 11. WP 5319.2024.doc behind Bhagat Singh Nagar across Goregaon creek along 36.6 m. wide DP road at boundary of K/West and P/South Ward, Mumbai.

Facts giving rise to filing of this Petition briefly stated are that since there was a vehicular congestion which resulted in public inconvenience, the BMC proposed a project of construction of vehicular bridge behind Bhagat Singh Nagar across Goregaon creek along 36.6 m wide DP road at boundary of K/West and P/South Ward, Mumbai to provide direct connectivity to underdeveloped areas and to smoothen the vehicular congestion.

The BMC accordingly made an application under CRZ Form -I for grant of clearance to the Maharashtra Coastal Zone Management Authority (MCZMA). The said application was considered by the MCZMA in its 167th Meeting held on 9th June 2023 wherein MCZMA recommended the project for grant of CRZ clearance. The Divisional Forest Officer on 11 th December 2023, recommended the proposal of the Petitioner for forest clearance to the Additional Chief Conservator of Forest. The Ministry of Environment, Forest and Climate Change on 5th January 2025 granted CRZ clearance to the Petitioner.

The State Government, on 27th February 2024 recommended the proposal to the Deputy Director General of Forest for forest clearance. JPP 11. WP 5319.2024.doc On 26th March 2024, Stage-I Forest Clearance was granted by the Ministry of Environment, Forest and Climate Change for diversion of 0.2709 ha. mangroves for the said project. Thereafter, Final Stage-II Forest Clearance was granted on 20th July 2024 by the Ministry of Environment, Forest and Climate Change for the said project. Thereafter, the Mangroves Cell has granted the permission on 24th April 2025 for the aforesaid project.

In view of directions contained in the judgment and order dated 17th September 2018 passed in Public Interest Litigation No. 87 of 2016, the Petitioner has approached this Court seeking permission to proceed with the aforesaid project.

The learned Counsel for the Petitioner submitted that the Petitioner has deposited a sum of Rs. 6,70,209/- as cost for the compensatory afforestation. It is further submitted that 31 mangroves are cut and the Petitioner has undertaken to plant 444 number of mangroves. It is further submitted that the project has been conceived with an object to facilitate congestion of traffic.

On the other hand, the learned Counsel for the Respondent No.6 – Bombay Environment Action Group (BEAG) has opposed the prayer on the ground that the permissions which are granted in favour of the Petitioner suffer from the vice of non-application of mind. JPP 11. WP 5319.2024.doc

We have considered the rival submissions made on both sides and have perused the record.

The said project is for construction of a vehicular bridge and is a public utility project proposed for traffic management to smoothen the vehicular congestion and to improve direct connectivity of underdeveloped areas viz. Shaheed Bhagat Singh Nagar to Millat Nagar Road. The MCZMA on 9th June 2023 has granted the permission to proceed with the project. The Ministry of Environment, Forest and Climate Change on 5th January 2024 as well as on 20th July 2024 has granted CRZ Clearance and Final Stage-II Forest Clearance, respectively. The Ministry of Environment, Forest and Climate Change on 26th March 2024 has granted Stage-I Forest Clearance Certificate. The Petitioner has deposited a sum of Rs.6,70,209/- on account of compensatory afforestation and has undertaken to plant 444 number of mangroves. The Authorities under the Act after due deliberations have recommended the proposal in favour of the Petitioner. The project is in the public interest.

Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( M.S. KARNIK, J. ) ( CHIEF JUSTICE ) JYOTI PRAKASH PAWAR PRAKASH PAWAR