Supreme Court Allows Municipal Corporation of Greater Mumbai To Carry Out Development Works Related To Coastal Road Project

The said Coastal Road Project is an infrastructure project, being undertaken to 'seamlessly connect south and north Mumbai'. It is an about 29 kilometre long access controlled expressway that will connect Marine Lines in the south to Kandivali in the north. At present, the road segment between Marine Drive and Worli is under construction.

In the interim order dated 17.12.2019, wherein modification is sought, the Apex Court had granted permission to build the coastal road, but precluded the Municipal Corporation from carrying out any other development work. In the present application, the Municipal Corporation stated that in order to carry out these development work preparatory steps have to be undertaken which would take around 2 years. It added that apart from the development work, construction of certain parts of the coastal road are also required to be undertaken.

A Bench comprising Justices D.Y. Chandrachud and Hima Kohli granted permission to carry out the following development work which it considered to be allied to the Coastal Road Project, for which the Apex Court had already granted permission by its order dated 17.12.2019 -

1. Laying out of gardens, open green spaces and parks;
2. Laying out of cycle track and jogging track;
3. Landscaping of seaside promenade and road-median;
4. Butterfly park; and
5. Recreation spaces

However, the Bench refused to allow construction of an amusement park, which was also sought in the present application.

Solicitor General of India, Mr. Tushar Mehta and Senior Advocate, Mr. Darius Khambata appearing on behalf of the Municipal Corporation of Greater Mumbai, submitted that the concerned work for which modification is being sought is allied to the Coastal Road Project.

Senior Advocate, Mr. Colin Gonsalves opposed the application on the ground that such modifications cannot be insisted upon at this stage, without the Apex Court considering the judgment of the Bombay High Court, whereby the permissions granted to the Coastal Road Project were set aside. He also asserted the adverse impact of the Coastal Road Project on the coastal environment in the larger context of climate change.

Mr. Khambata apprised the Bench that certain work, for instance, the underground car parking at Haji-Ali has to be undertaken immediately, because, if it is done after the project is complete, it would require dismantling of a substantial portion of the work that would be done in the interim. Considering the explanation put forth by the Municipal Corporation and noting that the facility is in public interest, the Bench allowed the construction of the same. It further observed -

"Undoubtedly, sustainable development is an important ingredient in the protection of the environment. At this stage, prima facie, the effort to decongest the arterial roads of a congested metropolitan city cannot be interdicted. However, the conditions imposed in the CRZ clearance must be scrupulously observed. This includes the rehabilitation of the fishing community."

The allied development work permitted to be carried out by the Bench was made subject to the following conditions -

1. The petitioner will adhere strictly to all the conditions stipulated in the CRZ clearance of 11 May 2017 as amended on 18 May 2021, particularly Specific Conditions A(v) and (vi) contained in the CRZ clearance dated 11 May 2017;
2. The land reclaimed should not be utilised for any residential or commercial development /purposes, presently or at any time in the future;
3. No further land should be reclaimed for the purposes of the Coastal Road Project without prior permission of this Court;
4. This court must be apprised in advance if there is any substantial alteration of the project parameters;
5. In terms of condition (vi) imposed in the CRZ clearance dated 11 May 2017, the petitioner shall file the requisite plan within a period of three months from the date of the order; and
6. The work which is permitted to be carried out in terms of the present order shall abide by the final result of the proceedings.

The Bench further directed the Municipal Corporation of Greater Mumbai to file an affidavit explaining the manner in which the conditions imposed on the CRZ clearance for the rehabilitation of fishermen ought to be implemented.

[Case Title: Municipal Corporation of Greater Mumbai v. Worli Koliwada Nakhwa Matsya Vyavasay Sakhari Society Ltd. And Ors. SLP(C) No. 17471-76/2019]