Approach NGT with challenge to 2019 CRZ notification, Bombay HC tells NGO

The Bombay high court (HC), while disposing of public interest litigation (PIL) wherein the 2019 Coastal Regulation Zone (CRZ) notification had been challenged by Vanashakti, a non-government organisation (NGO) has permitted it to approach the National Green Tribunal (NGT) with its grievances.

The Bombay high court (HC), while disposing of public interest litigation (PIL) wherein the 2019 Coastal Regulation Zone (CRZ) notification had been challenged by Vanashakti, a non-government organisation (NGO) has permitted it to approach the National Green Tribunal (NGT) with its grievances. The court further observed that as the Coastal Zone Management Plan (CZMP) for Mumbai was finalised, the tribunal should decide on the representation by the NGO expeditiously.

The Bombay HC further observed that as the Coastal Zone Management Plan (CZMP) for Mumbai was finalised, the tribunal should decide on the representation by the NGO expeditiously. (Getty Images/iStockphoto)

The division bench of chief justice Dipankar Datta and justice MS Karnik which had heard the PIL and reserved its order on October 7 observed that as the tribunal had been granted wide powers to cover almost everything under the sun it would not be appropriate on its part to pass orders on the objections raised by the petitioner.

“Regard being had to the wide contours of the tribunal’s powers to address all concerns pertaining to the environment, it would not be appropriate for us to entertain this writ petition on the specious ground that issues relating to the Monopolies and Restrictive Trade Practices (MRTP) Act may also incidentally arise for consideration of the tribunal,” noted the bench in its order adding “We are also minded to observe that no court ought to interfere in respect of matters over which the tribunal has jurisdiction, or else the very purpose for enactment of the NGT Act would stand defeated.”

The NGO which was represented by senior counsel Venkatesh Dhond and advocates Zaman Ali and Akash Rebello had been informed that the notification issued under the Environment (Protection Act), 1986 issued by the Union ministry of environment, forest and climate change (MoEFCC) was challenged on the ground that some of its provisions were manifestly arbitrary and violative of Article 14 of the Constitution. Dhond had argued that the notification also violated the right to live in a healthy environment, and consequently violated the right to life of citizens protected by Article 21.

The NGO had also submitted that the notification contained provisions which were a reenactment of provisions earlier struck down as unconstitutional by the Supreme Court or have been read down by the Supreme Court in earlier judgments. In light of these submissions, the NGO sought to declare that the notification was illegal and ultra vires Articles 14 and 21 of the Constitution and to declare that the 2011 notification continued to be valid and binding.

“The unconstitutionality of the regulations is extensive, wide-ranging, comprehensive and far-reaching. Rather than protecting and improving the quality of the environment or preventing and controlling environmental pollution, the notification instead removes various protections which were present in CRZ 2011,” stated the petition.

However, advocate Parag Vyas for the central government opposed the plea and said that the notification was consistent with environmental laws and sought dismissal of the plea as it was not maintainable before the HC as the issues could be dealt with by the NGT.

The court held that it could not entertain the plea and interfere in the 2019 decision. It noted, “Since the CZMP for Mumbai has been finalised, we grant petitioner to approach before the NGT. The NGT will expeditiously decide the plea.”