The Bombay High Court Chief Justice Devendra Kumar Upadhyaya Thursday, while hearing pleas against proposed projects in suburban Bandra, remarked that there has to be some limit to “greed” resulting in the exploitation of natural resources while undertaking development projects.
Meanwhile, the Maharashtra State Road Development Corporation (MSRDC) on Thursday informed the HC bench led by CJ Upadhyaya that environmental clearance for a project to commercially develop a 24-acre plot in Bandra Reclamation along Western Express Highway (WEH) will likely take time.
The HC was told that no construction would begin till all such permissions are obtained. The HC was hearing two PILs by environmental activist Zoru Bhathena and Bandra Reclamation Area Volunteers Organization.
The PIL stated that Coastal Regulation Zone (CRZ) norms do not permit such development on reclaimed land which is being used by MSRDC as casting yard for Bandra-Worli Sea Link project and that the plot be restored as a green lung.
The petitioners claimed that the MSRDC floated a tender in January 2024 proposing commercial development of the said land, which was not to be used for it. The HC had earlier said the “vital issue of environmental protection, ecology and biodiversity in the area” was involved in the matter.
When the bench queried Additional Solicitor General (ASG) Devang Vyas for Union Ministry for Environment and Forest (MoEF) whether its expert committee had processed permission for construction for present project under environmental law, he responded that it has not received any such application.
“Before that they cannot start construction. Without seeking that permission they will not start construction,” CJ Upadhyaya remarked.
Senior Advocate Milind Sathe for MSRDC submitted that environmental clearance under September 14, 2006 Environmental Impact Assessment (EIA)notification of MoEF shall be required by project proponent, which is likely to take some time. Sathe added that as the Mahim Creek is categorised as bay, the present land would not anymore fall within CRZ.
Senior advocate Zal Andhyarujina representing project proponent Adani Properties Pvt Ltd submitted that the application for clearance will be made before appropriate authority.
Sathe, in a lighter vein, said that even HC building was earlier close to the sea shore and the land beyond that was later reclaimed.
CJ Upadhyaya orally remarked, “There has to be some limit to exploitation of natural resources and nature. I was also told that the Oval Maidan was also part of the sea shore. There has to be some limit. Otherwise we don’t know where are we heading.”
“What Gandhiji used to say is that nature has given us everything for need and not for greed. We have become greedy. Unless that tendency is checked, we don’t know where we are leading to. Challenges are made by technologies including Artificial Intelligence (AI) too. In the process of evolution we should not go back to being monkeys,” CJ Upadhyaya remarked.
Seeking affidavits in reply to the plea from respondent authorities including MoEF, Maharashtra Coastal Zone Management Authority (MCZMA), and BMC, the HC posted further hearing to December 11.
