High Court Issues Notice To State On Plea Seeking 'Carrying Capacity Survey' In Mumbai For Sustainable Urban Development

'Carrying Capacity' of an area is the population carrying capacity of the area. The petition refers to a IIT Guwahati Working Paper, which defines carrying capacity as “the maximum number of people an area can support through the optimum utilization of resources without causing irreversible harm.:

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik today issued notices to the State government, Bombay Municipal Corporation, Maharashtra Pollution Control Board (MPCB) and Central Pollution Control Board (CPCB).

The PIL filed by Conservation Action Trust states that the only way to make development 'sustainable' is for it to be based on the assimilative capacity of natural and built environment. It is stated that a carrying capacity-based model assesses the existing environment and infrastructure to determine whether it can withstand more stressors.

The petition states development beyond the carrying capacity leads to environmental degradation, infrastructure breakdowns and a decrease in quality of life.

The petition refers to the Maharashtra Regional and Town Planning Act, which governs urban development in Maharashtra. It further refers to the Development Control and Promotion Regulations 2034, specifically for Greater Mumbai. It is stated that these Regulations have failed to incorporate principles of carrying capacity.

The petition states that the DCR 2034 has increased the maximum permissible Floor Space Index (FSI) for construction without conducting a carrying capacity study to ascertain whether the increased development could be sustained within the limits of the carrying capacity of the city. The petition highlights that large-scale developments are being approved and executed without due regard to their impact on the city's environment.

The petition submits that carrying capacity studies have been put forward internationally as a means of assessment of town planning from a multidisciplinary approach involving the cumulative study of factors such as environment, ecology, development, as well as socio-economic and commercial objectives.

It is argued that development beyond the bounds of the assimilative capacity of the environment, leading to the degradation of health, welfare and the standard of living of citizens constitutes a violation of Article 21 of the Constitution.

The petitioners pray to direct the State to conduct a comprehensive carrying capacity study for Mumbai.

The petition seeks to conduct the survey considering various aspects including construction and development activity, air quality, public transport and mobility, drainage and sanitation facilities, solid-waste management and impact of climate change.