Coastal Rd: SC stays HC order that stopped work

The Supreme Court (SC) on Tuesday put on hold the Bombay high court’s (HC) order that quashed coastal regulatory zone (CRZ) clearances granted for the civic body’s

The Supreme Court (SC) on Tuesday put on hold the Bombay high court’s (HC) order that quashed coastal regulatory zone (CRZ) clearances granted for the civic body’s ₹14,000-crore, 29.2-km coastal road project.

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The Apex Court, however, said that authorities can reclaim the land meant for construction of the eight-lane road, which will connect Marine Drive to the northern suburbs, but cannot develop it.

Staying the HC order imposed in July 2019, a three-judge bench of Chief Justice SA Bobde and justices BR Gavai and Surya Kant said “having regard to the factor of prima facie case, the stay is vacated and the court shall take up the case in April 2020 for final hearing”.

Pressing its case to vacate the stay, solicitor-general of India Tushar Mehta, who appeared for the Brihanmumbai Municipal Corporation (BMC), said they have CRZ clearances and environment clearance for construction of road is not required. It was also impressed on the court that the stay by the HC was causing a loss of ₹5 crore daily.

But opposing senior advocate Colin Gonsalves, appearing for Worli Koliwada Nakhwa Matsya Vyavasay Sahkari Society, a fishermen’s association, contended it would cause “irreversible damage” to the environment.

“Reclaiming land and pouring cement on corals will cause irreversible damage to the environment,”said Gonsalves.

The HC in its ruling had said the civic body cannot proceed with work after it had noted that the environment clearance was required to be taken by the civic body under the Environmental Impact Assessment (EIA) notification issued by the Centre.

“We declare that the civic body cannot proceed with the works without obtaining an environmental clearance under EIA notification. Further, permission under the Wildlife (Protection) Act, 1972 should also be obtained,” the high court had said.

The high court quashed and set aside the approval granted by the Maharashtra Coastal Zone Management Authority (MCZMA) on January 4, 2017, the nod given by the EAC on March 17, 2017 and the final approval granted by the MoEF on May 11, 2017.