VANASHAKTI, A PUBLIC TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) This Petition essentially lays a challenge to the de-notification of 119.91 Hectares of land located at Survey No. 275 (Part) located at Village Kanjur (Kanjurmarg) in the coast of the Thane Creek ("Subject Land"), which was classified as a "protected forest". The de-notification was effected for creation of a landfill, In this judgement, we variously use "landfill" and "garbage dump" to describe the activity in the Subject Land. i.e. a site for dumping garbage over land admeasuring 141.77 Hectares.

(2.) The Subject Land was salt pan land, and over time has witnessed growth of mangroves. The salt pan land had entailed the use of tidal water whose inflow and outflow was controlled by the use of sluice gates for the making of salt. The lease of such land for production of salt expired around 2003. Under the regulations governing "Coastal Regulation Zone" ("CRZ") notified under the Environment Protection Act, 1986 , it had been classified as "CRZ-1" area.

(3.) The Petitioner, Vanashakti, is a Public Trust that pursues environmental and other social causes in the field of conservation of forests, wetlands and wild life in and around Mumbai. The Ministry of Environment and Forests ("MOEF"), Union of India is Respondent No.1. The Maharashtra Coastal Zone Management Authority ("MCZMA"), which is responsible for protection of coasts and coastal ecology for areas that fall within CRZ in the State of Maharashtra is Respondent No.2. The Principal Secretary, Department of Environment; and the Principal Secretary (Forests), Department of Revenue - both departments of the State of Maharashtra - are Respondent Nos. 3(i) and 3(ii), respectively. The Municipal Corporation of Greater Mumbai ("MCGM") which is the promoter of the project for dumping of garbage is Respondent No.4. The Chief Forest Conservator, Thane Forest Circle, which is the authority responsible for protection of forest areas within Thane Forest Circle, within whose territorial jurisdiction the Subject Land earmarked for the garbage dump falls, is Respondent No.5.