HC allows construction of an anti-sea erosion bund at Colaba

The Bombay High Court approved the Maharashtra Maritime Board's anti-sea erosion bund project at Colaba, citing public interest and environmental compliance.

MUMBAI: The Bombay High Court on Tuesday ruled in favour of Maharashtra Maritime Board (MMB), permitting the construction of an anti-sea erosion bund at Colaba. Observing that the project is in larger public interest, the court ensured compliance of conditions to safeguard the environment.

HC allows construction of an anti-sea erosion bund at Colaba

MMB had filed a writ petition in 2021, seeking central government’s permission to execute an anti-sea erosion bund at Colaba, stating that the project is of public importance. The relief sought was intended to prevent land erosion from sea waves and tidal activities. They also said the erection of bund is necessary to stop the erosion of the wall adjacent to the Colaba Sewage Treatment Plant (CSTP), which has a capacity of 37 Megaliters per Day (MLD). The wastewater collected from nearby areas is treated at this plant, making it necessary to undertake the project.

On December 8, 2020, State Environment Impact Assessment Authority (SEIAA) held a meeting to consider granting CRZ clearance to the anti-sea erosion bund’s construction at Colaba. The clearance was agreed to be granted on certain terms, primarily that no construction shall be undertaken around 50 meters buffer zone of the mangrove plantation, and no natural course of water shall be hampered.

The counsel representing the Bombay Environment Action Group (BEAG) vehemently opposed the relief sought and expressed concerns over the proposed project. They submitted that no scientific study or assessment was undertaken to assess the need for the project or its environmental impact.

The division bench of chief justice Alok Aradhe and justice Bharati Dangre, placed reliance on an order passed by the National Green Tribunal (NGT) to protect stretches of coastal land affected by the human induced erosion. It argued that hard structures may prevent erosion at the stretch temporarily, but adversely impact the upstream or downstream where the erosion starts.

In response, the counsel for MMB advanced their position, arguing that soft solution may not be possible in every scenario. “MCZMA, which is the Coastal Management Authority for state of Maharashtra, found it appropriate to recommend the proposal, by specifically stating in their affidavit that the activities are not prohibited in CRZ area”, they added.

The CRZ Notification 2011, which has enumerated the list of prohibited activities, clarified that work for “development of construction” must be understood as those constructions that fall within the purview of development clause. Resultantly, the MCZMA, SEIAA, and the mangrove cell approved the project, stating that it is in consonance with CRZ Notification of 2011.

The court rejected the contentions raised by the BEAG, devising on the factual assessment carried out by all the statutory authorities. The court said it cannot substitute its opinion in the place of opinion by MCZMA and the SEIAA.

The court did not find any merit in the objection raised and allowed MMB to execute the proposed anti-sea erosion bund at Colaba, which it said is in larger public interest.