HC orders Cidco to reapply for nods for Navi Mumbai coastal road project

MUMBAI: The Bombay high court has ordered the City and Industrial Development Corporation (Cidco) to reapply for fresh permissions for a coastal road project, which is set to link the upcoming Navi Mumbai International Airport and the Mumbai Trans-Harbour Link.
The court was dissatisfied with the way coastal regulation zone (CRZ) clearances were granted for the project, which involves passing through CRZ I (ecologically sensitive) and CRZ III (relatively undisturbed land areas), diverting 32 hectares of forest land, and cutting down mangrove trees.
Cidco had filed a petition requesting permission to proceed with the coastal road work, in accordance with a September 2018 order by the Bombay Environment Action Group (BEAG) to obtain the court's approval for projects falling within a 50-metre buffer zone around mangroves. The Maharashtra Coastal Road Management Authority (MCZMA) had deferred Cidco's proposal earlier, citing a lack of clarity in the data provided. Cidco was then directed to provide specific details regarding the project's impact on flora and fauna. Although Cidco submitted some details in April 2017, the MCZMA only granted clearance in June 2017, after recommending the project to the Ministry of Environment and Forests (MoEF) while recording a deficiency of documents. In August 2018 the State Environment Impact Assessment Authority (SEIAA) granted CRZ clearance, and in October 2022 MoEF approved the diversion of forest land.
Acting Chief Justice Sanjay Gangapurwala and Justice Sandeep Marne on Tuesday passed the order, saying MCZMA adopted a "defective" procedure for recommending CRZ clearance. Cidco's proposal was found deficient regarding phytoplankton and zooplankton studies and site specific details. "If the proposal was lacking in these details, it is difficult to comprehend as to how MCZMA proceeded to grant clearance," they said.
Senior advocate G S Hegde, for Cidco, said the studies were submitted immediately. BEAG'S advocate Nirman Sharma said site specific details were not submitted. The judges noted that SEIAA was oblivious about these compliances "but it still proceeded to grant CRZ clearance".
"Cidco deserves to be granted another opportunity to seek clearances from MCZMA and SEIAA afresh," they said, directing MCZMA to decide Cidco's proposal in its meeting in May. If it grants CRZ clearance, SEIAA shall decide on the matter at its next meeting.