NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting

The Western Zone bench of the National Green Tribunal (NGT) has rejected the plea made by Balaji Tirupati Cinemas and Expression Studio against the Maharashtra Coastal Zone Management Authority's (MCZMA) order of 12.09.2022. The order denied permission for the temporary tents used for shooting to be extended for another six months.

The Appellant Film Studios alleged that the order was passed in violation of principles of natural justice, equity and fair play.

Rejecting the appellant’s argument, The bench of Justice Dinesh Kumar Singh (Judicial Member), Dr.Vijay Kulkarni (Expert Member) said that,

“We are not in agreement with this argument because in 159th meeting of MCZMA, it is clearly recorded that the Project Proponent was allowed to appear through video conferencing and opportunity of hearing was given to him in the matter in question,”

Counsel for respondent MCGMA argued that the circular under which temporary permission was granted to the appellant was found to consist of several inconsistencies, which were pointed out by the Enquiry Officer. Pursuant to this, all such permissions issued under the said circular were directed to be put on hold immediately. It was also ordered that further necessary action may be taken to clear all the temporary structures which are still in existence following due process of law, and no further permission shall be given until further orders, added the counsel.

The counsel for respondents MCZMA and Municipal Corporation of Greater Mumbai have vehemently argued that the appellants cannot be granted any further permission for a temporary structure to be set up for shooting purposes.

After hearing the parties, the Tribunal opined that it is not the case that the Appellants were not given an opportunity to be heard, because in the 159th meeting of MCZMA, it was clearly recorded that the Project Proponent was allowed to appear through video conferencing and was given the opportunity to be heard.

The Tribunal also found that the permission granted in the present case by the MCGM in conjunction with the MCZMA was only for setting up a temporary structure for the purpose in question. However, instead of doing that, the appellants have set up huge structures in which a lot of steel and concrete material has been used, which appears to be of a permanent nature.

The Court opined that these kinds of structures itself only show violation of the grant of temporary permission given by respondent MCZMA.

The NGT further found that, as per the permission, the structure was to be set up for six months and thereafter, it had to be removed to restore the place to its earlier position, and only then could subsequent permission have been applied for. In this case, there was blatant violation on the part of the appellants because they did not remove the structures in question before moving further application for granting temporary permission for raising construction, added the Tribunal.

The Tribunal further said that,“This is in total violation of the temporary permission granted to the appellants. Therefore, a person coming with gross violation of the directions issued to him, cannot claim the infringement of the principles of natural justice.”

In light of the above the NGT decided that no permission for extension of structure of film studios can be granted,consequently the appeal was dismissed.

Case Title-Balaji Tirupati Cinemas and Ors. v. The Maharashtra Coastal Zone and Ors.

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