MAHARASHTRA MARITIME BOARD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, Maharashtra Maritime Board, established under the provisions of Maritime Board Act, 1996, entrusted with the function of developing, conserving, regulating, facilitating and administering the non-major port limits on the coast of Maharashtra and which is also responsible for ensuring sustainable planned development of minor ports, port infrastructure and maritime facilities, has filed the present Writ Petition under Article 226 of the Constitution of India, seeking direction to the Respondents/Authorities to permit it to execute the proposed Anti-Sea Erosion bund at Colaba, Mumbai, in the background that it is a project of public importance as recorded in Paragraph 83(viii) of the Judgment and Order dtd. 17/09/2018 passed by this Court in Public Interest Litigation No.87/2006.

(2.) In the Petition instituted, the Ministry of Environmental and Forest and Climate Change is impleaded as Respondent No.1, whereas, Maharashtra Coastal Zone Management Authority (MCZMA), State of Maharashtra, Chief Conservator of Forest (Mangrove Cell), State Environmental Impact Assessment Authority are impleaded as Respondent Nos.2 to 5 respectively. The Bombay Environment Action Group (BEAG) is impleaded as Respondent no.6.

(3.) We have heard Mr.Saket Mone a/w Ms.Anchita Nair i/b Vidhii Partners for the Petitioner, Ms.Jaya Bagwe for Respondent No.2, Mr.Mohit Jadhav, Addl. GP a/w Mr.Manish Upadhye, AGP for State, Mr.Rui Rodrigues a/w Mr.N.R. Prajapati for Respondent No.1-UOI and Mr.Nirman Sharma for Respondent No.6.