MAHARASHTRA MARITIME BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) In these three writ petitions, the Petitioner-Maharashtra Maritime Board is before the Court praying for directions against the respondents to permit it to execute public works interalia of construction of proposed passenger jetty and allied facilities at Kelwa, Palghar (in Writ Petition No.759 of 2020); a Ro-Ro Jetty at Kharwadashri (in Writ Petition No.1065 of 2021) and to execute work of construction of proposed jetty and allied facilities at Kharekuran, Thane (in Writ Petition No.2025 of 2021).

(2.) The need for filing of these writ petitions has arisen as the nature of the proposed works fall within the Coastal Zone Regulation-I (CRZ-I), in the vicinity of a mangroves zone and as per the requirement of the decision of a co-ordinate bench of this Court in the case of Bombay Environmental Action Group and another v/s. The State of Maharashtra and others (Public Interest Litigation No.87 of 2006 dtd. 17/9/2018) (for short the BEAGS Case), whereby a total freeze has been imposed on destruction of any mangroves in the State of Maharashtra. Hence to undertake any work in such zone, the Division Bench has ordered that it would be necessary for the agency intending to undertake any work, to approach this Court for modification of the said orders of the Division Bench. In this regard the Division Bench made the following observations in paragraph 83 (viii) of the judgment in BEAGs case that In view of applicability of public trust doctrine, the State is duty bound to protect and preserve mangroves. The mangroves cannot be permitted to be destructed by the State for private, commercial or any other use unless the Court finds it necessary for the public good or public interest. It appears to be not in dispute that the projects being undertaken by the petitioner are public projects.

(3.) As a lead petition, the learned counsel for the parties have advanced submissions on Writ Petition No.759 of 2021. For convenience, we note the relevant facts in the lead petition. WRIT PETITION NO.759 OF 2021 The Petitioners case:-