The bench of Justice DY Chandrachud and Justice Hima Kohli on the 30th Sep 2022 passed an order and allowed an application partly filed by the Municipal Corporation of Greater Mumbai (MCGM) seeking modification of an earlier interim order dated 17.12.2019 seeking permission to carry out certain work pertaining to the Mumbai Coastal Road Project.

In the order dated 17.12.2019 the Supreme Court granted permission to build coastal Road but restricted the MCGM to carry out any other development work which the MCGM wanted modified by the Supreme Court. 

Para 5 of the application moved by the MCGM read as "The "other development work " which was not permitted to be carried out includes creation/ construction of gardens, open green spaces, parks, cycle track, landscaping of seaside promenade and road-median, jogging track, butterfly park, amusement parks, underground car parks, recreation spaces etc. on the land required to be reclaimed to ensure smooth alignment of the Coastal Road.”

It was argued by the advocates that "this Court’s order dated 17 December 2019 on the ground that the work now sought to be carried out is allied to the Coastal Road Project for which permission has already been granted on 17 December 2019. Moreover, in terms of paragraph 12 of the IA which has been extracted earlier, it has been submitted that certain work in the nature of the underground car parking at Haji-Ali has to be undertaken at this point of time, for if it is done later after the project is complete it would require dismantling the work which would be carried out in the meantime."

Whereas the advocate for the other side argued that "the High Court in a well-considered judgment has set aside the permissions which were granted for the Coastal Road Project. Hence, it has been submitted that unless the judgment of the High Court is considered at the stage of final hearing, it would be inappropriate to grant any further reliefs to the petitioner. Moreover, senior counsel sought to highlight the impact of climate change and urged that the Coastal Road Project would seriously impinge on the coastal environment".

The Apex Court granted permission to carry out the work of (i) The laying out of gardens, open green spaces and parks; (ii) The laying out of a cycle track and jogging track; (iii) the Landscaping of seaside promenade and road-median; (iv) Butter fly park; and (v) Recreation spaces but declined to allow the construction of an amusement park.

The Court also sought clarification as regards the underground car parking facilities, the IA contains a specific explanation of why the work is required to be carried out simultaneously together with the development of the road.

The court further observed that  the above work is be permitted to be carried out by the petitioner subject to the following undertaking:
(i) The petitioner will adhere strictly to all the conditions stipulated in the CRZ clearance of 11 May 2017 as amended on 18 May 2021, particularly Specific Conditions A(v) and (vi) contained in the CRZ clearance dated 11 May 2017;

(ii) The land reclaimed should not be utilised for any residential or commercial development /purposes, presently or at any time in the future;

(iii) No further land should be reclaimed for the purposes of the Coastal Road Project without prior permission of this Court;

(iv) This court must be apprised in advance if there is any substantial alteration of the project parameters;

(v) In terms of condition (vi) imposed in the CRZ clearance dated 11 May 2017, the petitioner shall file the requisite plan within a period of three months from the date of the order; and

(vi) The work which is permitted to be carried out in terms of the present order shall abide by the final result of the proceedings.

Case Details:-

SLP (C) No. 17471-17476/2019

MUNICIPAL CORPORATION OF GREATER MUMBAI ...Petitioner(s)
 VERSUS
WORLI KOLIWADA NAKHWA MATSYA VYAVASAY SAKHARI SOCIETY LTD. & ORS. ...Respondent(s)

Read the Complete order on the following link:-

https://main.sci.gov.in/supremecourt/2019/25473/25473_2019_2_37_38577_Order_30-Sep-2022.pdf