The Bombay High Court on Thursday directed the Brihanmumbai Municipal Corporation (BMC), Maharashtra State Road Development Corporation (MSRDC) and the Ministry of Environment and Forest and Climate Change (MOEFCC) to file their reply affidavits to the public interest petition challenging the proposed commercial development of the plot of land located on the Bandra reclamation area.
The PIL was filed by activist Zoru Bathena and Bandra Reclamation Area Volunteers Organisation (BRAVO) against the MSRDC’s move to commercially develop the plot at Bandra reclamation contending that the Coastal Regulation Zone (CRZ) Regulations do not permit such development on reclaimed land. The plea seeks that the respondents be directed to comply with the CRZ Regulations and has urged the court to restrain any development on the reclaimed land and restore the plot as a green lung.
Bathena’s Advocate Tushad Kakalia submitted that despite restrictions on developing the reclaimed land, the MSRDC floated a tender in January. . The land was reclaimed in the 1970s for Bandra Kurla Complex. The plot in question was unreclaimed land which was known as Bandra Reclamation.
Subsequently Bandra-Worli Sea Link was constructed after receiving a clearance form the environment ministry. “One of the conditions imposed by MOEFCC in its environmental clearance issued for Bandra Worli sea link project, was that no portion of the reclaimed Land should be used for residential or commercial purposes. In 1999, the government issued an environmental clearance to the State government, approving reclamation for construction of Bandra Worli sea link project,” reads the petition.
Advocate Ronita Bhattacharya, appearing for the resident petitioners, submitted that at the time, the authorities had proposed to develop a green zone on the reclaimed land. However, the green zone was never developed and now the authority proposes to commercially develop it.
The petitioners filed a complaint with the MCZMA, which is pending. Hence they approached the HC. In February, the contract was awarded to Adani Realty which had the highest bid.
BMC counsel Milind Sathe, however, submitted that the area no longer falls under the CRZ Regulations. Earlier the Mahim area fell under the CRZ Regulations. However, now it is considered as Mahim Bay and hence the Regulations are not applicable.
Adani’s counsel Zal Andhyarujina sought to intervene saying that they would be affected by any order passed in the plea. The HC has however, directed the petitioners to add Adani Realty as respondent while directing them to file their reply.
“Since wider issues relating to environment protection and ecology and biodiversity are involved, we request Additional Solicitor General to seek instructions and accordingly file the affidavit,” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said.
