In a significant setback for the Brihanmumbai Municipal Company (BMC), the Bombay excessive court docket on Tuesday struck down the Coastal Regulation Zone (CRZ) clearance for its Rs. 14,000 crore Coastal Street, which is a part of the Japanese Freeway to be constructed to offer an alternate speedy join between South Mumbai and Western suburbs.
The division bench of Chief Justice Pradeep Nandrajog and Justice Nitin Jamdar struck down the CRZ clearance for the bold civic mission totally on the bottom that it was granted with out conducting correct scientific research and Maharashtra Coastal Zone Administration Authority (MCZMA) and the Ministry of Setting and Forests ignored the deficiency.
MCZMA had really helpful CRZ approval for Coastal Street on January four, 2017 and the ultimate approval got here from the setting ministry on Could 11, 2017.
The opposite purpose, in keeping with the bench, for placing down the CRZ clearance was the failure to consider the influence of metro rail community being constructed throughout town. “The influence of the metro of having the ability to transport commuters was extraordinarily mandatory and necessary protecting in thoughts that the reclamation of land to assemble a coastal highway is permitted solely in an distinctive case,” mentioned the bench.
Whereas deciding a bunch of public curiosity litigations in regards to the Coastal Street, the bench additionally rejected BMC’s stand that no environmental clearance (EC) was required for the mission. The civic physique had claimed that coastal highway was an exempted exercise and due to this fact no prior environmental clearance was required for the Rs. 14,000Cr mission. It was additionally argued on behalf of the civic physique that since environmental influence evaluation was performed for CRZ clearances, there was substantial compliance with the Environmental Impact Evaluation notification as effectively.
The bench held that environmental clearance was required for the coastal highway primarily in view of the truth that 70 of the 90 hectares land to be reclaimed for the mission has been proposed for use for leisure functions like open inexperienced areas, parks, biking and jogging tracks, parking heaps and bus depots.
“Sheer quantity of the realm, which is 90 hectare, would require the mission exercise to be handled as an space growth mission,” the bench mentioned. All space growth tasks are coated underneath the Environmental Impact Evaluation Notification of 2011 and thus required prior environmental clearance.
The court docket additionally held that the BMC couldn’t have commenced work on the coastal highway with out acquiring permission underneath the Wildlife (Safety) Act, 1972 in view of presence of corals present in intra-tidal zone the place the coastal highway mission has been proposed. “However the truth that corals presence is minuscule the identical exhibits that ecosystem within the space in query is conducive to the Corals,” the bench mentioned, including, “It establishes that the realm is ecologically delicate having geo-morphological options which play a task in sustaining integrity of the species and thus, MCGM couldn’t have commenced the works in query with out acquiring permission underneath Wildlife (Safety) Act, 1972.
The court docket has now restrained BMC from continuing forward with work on the mission with out acquiring environmental clearance and mandatory permission underneath Wildlife (Safety) Act, 1972.
The coastal highway is a part of the proposed Japanese Freeway that connects Marine Traces with suburban Kandivali and is predicted to chop quick journey time by 70% and save 34% gasoline. The 9.98km stretch begins at Princess Road flyover on Marine Drive, passes via a tunnel beneath Malabar Hill and Napeansea Street. The tunnel opens at sea shore close to Priyadarshani Park from the place the Coastal Street goes on reclaimed land and meets the Worli finish of the Bandra Worli Sea Hyperlink. It’s additional linked to Bandra Versova Sea Hyperlink and brought additional to Kandivali.
Jul 16, 2019 18:04 IST