Reply affidavit on behalf of Ministry of Environment, Forest and Climate Change regarding CRZ clearance for the construction of coastal road from Amra Marg to MTHL junction including the airport link at Navi Mumba, Maharashtra, 28/01/2025
Reply affidavit on behalf of Ministry of Environment, Forest and Climate Change in the matter of Gavhan Koliwada Matsyavyavsayik Sahakari Sanstha Maryadit Vs City & Industrial Development Corporation & Others dated 28/01/2025.
City & Industrial Development Corporation submitted a proposal for CRZ clearance for the construction of coastal road from Amra Marg to MTHL junction including the airport link at Navi Mumbai to the MoEFCC.
The Expert Appraisal Committee (EAC) of the MoEFCC in its meeting considered the matter on September 26, 2023. The EAC (CRZ) is comprised of member experts from different scientific and technical fields like marine ecology, forest, National Institute of Oceanography, mangrove, Central Road Research Institute, civil engineering with the necessary expertise to evaluate projects in accordance with the CRZ Notification of 2011/2019.
The proposed project required CRZ clearance under Para 4 (i) (g) of the CRZ Clearance,20l1 from the answering respondent. As per Para a (i) (g) "construction of road by way of reclamation in CRZ area shall be only in exceptional cases, to be recommended by the concerned Coastal Zone Management Authority and approved by the Ministry of Environment, Forest and Climate Change; and in case the construction of such road is passing through mangroves or likely to damage the mangroves, three times the number of mangroves destroyed or cut during the construction process shall be replanted".
The court was informed that the proposed project of City & Industrial Development Corporation falls within CRZ IA, CRZ IB, CRZ II and CRZ IV (B) area. The EAC deliberated the proposal and noted that the project activity is permissible as per CRZ Notification, 2011 and Maharashtra Coastal Zone Management Authority (MCZMA) has recommended the project vide its letter dated August 23, 2023.
"The EAC has deliberated the anticipated impact of this project on mangrove areas, inter-tidal area, and mudflats along with other environmental aspects. Accordingly, specific conditions have been stipulated to minimize these impacts".
Some of the specific conditions recommended by the EAC is that the project proponent should ensure the flow of natural tidal water to mangroves. Thus adequate measures has to be provided to maintain an uninterrupted tidal water to mangroves.
Another condition was that prior clearance under Forest (Conservation) Act, 1980 for diversion of mangrove forests should be obtained. Further, prior approval of the High Court of Mumbai should be obtained in view of the direction issued in connection with the feeling of mangrove and its conservation before execution of the project. The road across CRZ-IA and CRZ-IB areas should be on stilts as per CRZ Notification 2011. Water quality of the entire creek should be monitored regularly to see the impact of construction and reclamation activities and submit the report to the IRO of the Ministry.