RAMBHAU PATIL SECRETARY NATIONAL FISH WORKERS FORUM AND MAHARASHTRA MACCHIMAR KRITI SAMITI Vs. MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) IN all these three writ petitions, the challenge is to the construction of Worli-Bandra Sea Link Project to which the Government of India in the Ministry of Environment and Forests has accorded environmental clearance, subject to strict compliance of the terms and conditions mentioned in the Order according clearance dated 7th January, 1999 (Exhibit E ). The petitioners have prayed that the implementation of the impugned project be stayed forthwith, and the sanction accorded by the Government of India be quashed. In Writ Petition No. 348 of 2000, the petitioners have also prayed that Rule 5 (4) of the Environment (Protection) Rules, 1986 be declared to be void and unconstitutional. Further, the amendment to paragraph (viii) of the CRZ Notification dated 19th February, 1991 brought about by amendment dated 9th July, 1997 be also quashed.

(2.) FROM the facts on record, it appears that having regard to the fact that the existing infrastructure was over-burdened by increase in traffic, and there being no possibility of broadening the existing roads which lead to South Bombay, a scheme was thought of to provide a sea-link between Worli and Bandra so as to reduce the traffic load on the existing roads. With this in view, a project was proposed, which starts at the inter-section of the Western Express Highway and Swami Vivekanand Road at Bandra, and connects to Khan Abdul Gafarkhan Road at Worli. A clover-leaf interchange at the Mahim inter-section and a flyover at the Love Grove inter-section at Worli has been proposed as part of the said project. The bridge on the main channel is Cable Stayed Bridge having a length of 500 metres with two spans of 250 metres each with a single tower 150 metres in height in the center. The length of the approach bridge on Bandra-Worli sides is 3. 5 Kilometres, and the total length of the bridge is about 4 Kilometres. The work on the said bridge commenced in or about June 1999, and a construction period of 30 months is envisaged, and the bridge is proposed to be opened for traffic by the year 2002. The estimated cost of this project is in the region of Rs. 500 crores. The project also envisages reclamation of about 27 hectares for which necessary permission from the Government of India has been obtained. We may take the representative facts from Writ Petition No. 348 of 2000 in which the Bombay Environmental Action Group is a respondent, though it is a petitioner in Writ Petition No. 1575 of 2000. Writ Petition No. 715 of 2001 has been filed by the International Society for Sustainable Future challenging the project. We may at this stage notice that a fourth writ petition has been filed by some of the fishermen, being Writ Petition No. 3030 of 1999. The aforesaid writ petition was filed on behalf of the petitioners who claim to have been displaced as a result of the execution of the project. Their main grievance in the writ petition was regarding their rehabilitation. After some arguments, the petitioners in that writ petition prayed for separating their writ petition from this batch of writ petitions, because their grievance was being considered by the Government separately. That is why the said writ petition was separated, and the matter regarding rehabilitation of the fishermen affected by the project is being considered in that writ petition separately.

(3.) IN Writ Petition No. 348 of 2000, there are as many as 11 petitioners, who claim to be tax-payers and rate-payers, and who represent several organisations whose members are affected by the impugned project. All the writ petitions have been filed by way of public interest litigation. It is alleged that after the Maharashtra Regional and Town Planning Act, 1966 came into force, the Bombay Municipal Corporation, being the Planning Authority of the City of Bombay, published a Draft Plan, and invited objections and suggestions thereto from the members of the public. The Draft Plan was submitted for sanction to the State Government, and on or about 17th February, 1966, the First Development Plan for the City of Bombay came into force. In the year 1974, an authority, viz. , the Bombay Metropolitan Regional Development Authority (BMRDA for short), was constituted under the provisions of the Bombay Metropolitan Regional Development Act, 1977 for the overall development of Bombay Metropolitan Region and for co-ordinating, supervising and development of areas under different local authorities. On 7th March, 1977, the said BMRDA, respondent No. 7 herein, was appointed by the State Government as the Special Planning Authority for the notified area of Bandra-Kurla Complex. In the year 1984, a draft of the Revised Development Plan of H (W) Ward and G-North Ward was published, inviting public objections and suggestions. The plan included the West Island Freeway going from the middle of the Bay between Bandras ancient fort and Mahim Fort, one going towards the Worli Sea Face in the South via Mahim flyover and Dadar Chowpatty, and the other going towards the North. While the said Revised Development Plan was under consideration, the Government of India published the CRZ Notification on 19th February, 1991 totally prohibiting reclamation of land between the High Tide Line and the Low Tide Line, and creation of any obstruction in the flow of tidal waves. On 16th March, 1991, an area of 184. 14 ha. in Mahim Creek was declared as "protected Forest" under the Indian Forest Act. This comprised the mangroves of the Nature Park area. On the 7th May, 1992, the Maharashtra Government sanctioned the Revised Development Plan of G-North and H (W) Wards, which included the aforesaid West Island Freeway, notwithstanding the CRZ Notification of 19th February, 1991. According to the petitioners, the BMRDA conceived a new plan, and prepared a feasibility report for the so-called sea-route link between Bandra and Worli in October, 1992. No notice was issued inviting public objections and suggestions, and no plan was published. Some time in September, 1993, BMRDA invited about 30 selected persons for a Seminar on the proposed Bandra and Worli Sea-link. Thereafter, BMRDA forwarded the Worli-Bandra Sea-link Project to the Union Government, but the same was not sanctioned by the Union Government.