Case Note & Summary
These two public interest litigations were filed pro-bono-publico to restrain the Maharashtra State Road Development Corporation from commercially exploiting land reclaimed for construction of the Bandra-Worli Sea Link in Mumbai. The petitioners contended that permission to reclaim the land was granted subject to a restriction against using the reclaimed land for residential or commercial purposes, and that this restriction continued to apply even after the land fell outside the Coastal Regulation Zone. The first petition was filed by Zoru Darayus Bhathena and the second by Bandra Reclamation Area Volunteers Organization (BRAVO), with respondents including MSRDC, Maharashtra Coastal Zone Management Authority, Government of Maharashtra, Union of India, Municipal Corporation of Greater Mumbai, and Adani Properties Pvt. Ltd. The dispute centred on whether the condition in the environmental clearance issued on 7 January 1999, as amended on 27 June 2000, which prohibited any residential or commercial use of the reclaimed area, remained binding after the land was excluded from the CRZ under the 2019 Coastal Zone Regulation Notification read with the approved Coastal Zone Management Plan for Mumbai City dated 29 September 2021. The petitioners sought writs of mandamus to restrain commercial development on Plot bearing CTS No. 792, Village Bandra-A, Mumbai Suburban District, and to preserve the plot as a green lung. The facts disclosed that the first Development Plan for Bombay came into force in 1966, and the revised Development Plan sanctioning the West Island Freeway was approved in 1992. The 1991 CRZ Notification was issued on 19 February 1991, and the State applied for clearance on 10 June 1993; clearance was granted on 7 January 1999 and amended on 27 June 2000, increasing the reclaimed area to 27 hectares with the condition against residential or commercial use. The sea link was completed in 2009. Under Section 40 of the Maharashtra Land Revenue Code, 1966, land admeasuring 2,32,465 sq.mtrs. was transferred to MSRDC by order dated 4 November 2016, with possession taken on 17 February 2017. The 2011 CRZ Notification changed CRZ applicability for bays and creeks, and in 2014 Mahim water body was classified as a bay, limiting CRZ to 100 meters from HTL. The 2019 CRZ Notification superseded earlier notifications and led to the CZMP approved in 2021. MSRDC floated a tender in January 2024 for development of 24 acres, prompting the petitions. The court recorded that the short issue was whether the non-exploitation restriction continued after the land ceased to be CRZ; however, the final reasoning and operative direction are not available in the supplied excerpt.
Headnote
A) Environmental Law - Coastal Regulation Zone Restrictions - Continued Applicability of Environmental Clearance Conditions - Environment (Protection) Act, 1986 (specific sections not stated in provided text) - Petitions sought to restrain Maharashtra State Road Development Corporation from commercial development of reclaimed land used for Bandra-Worli Sea Link on ground that MoEF clearance dated 7 January 1999 and amendment dated 27 June 2000 imposed condition that no portion of reclaimed area be used for residential or commercial purposes. The court framed the issue whether the condition continued after the land fell outside CRZ under the 2019 Coastal Zone Regulation Notification and approved Coastal Zone Management Plan. The complete reasoning and final directions are not available in the provided text (Paras 1-2).
Issue of Consideration
Whether the restriction of non-exploitation of reclaimed land for commercial or residential purposes imposed in the Environmental Clearance issued as per Coastal Zone Regulation Notification, 1991 would continue to apply even after the reclaimed land subsequently falls outside CRZ area as per the Coastal Zone Regulation Notification, 2019; whether reclaimed land remains undevelopable for perpetuity even after the same is no longer a part of defined CRZ area.
Law Points
- Restriction on utilization of reclaimed land for residential or commercial purposes imposed in environmental clearance under Coastal Zone Regulation Notification
- 1991
- continued applicability after land ceases to be in CRZ under 2019 Notification
- interpretation of environmental clearance conditions
- doctrine of perpetuity of land-use restrictions
- Coastal Zone Management Plan approval
Case Details
2025 LawText (BOM) (08) 69
Public Interest Litigation No. 22 of 2024 along with Public Interest Litigation (Lodging) No. 8224 of 2024
Alok Aradhe, CJ and Sandeep V. Marne, J
Mr. Tushad Kakalia, Ms. Ronita Bhattacharya Bector, Mr. Milind Sathe, Ms. Ravi Kadam, Mr. Anil Singh, Mr. Anil C. Singh, Ms. Jaya Bagwe, Mr. Akshay Shinde, Mr. Milind V. More, and others
Zoru Darayus Bhathena and Bandra Reclamation Area Volunteers Organization (BRAVO)
Maharashtra State Road Development Corporation; Maharashtra Coastal Zone Management Authority; Government of Maharashtra through Chief Secretary; Union of India through MoEF&CC; Municipal Corporation of Greater Mumbai; Adani Properties Pvt. Ltd.; State of Maharashtra through Secretary, Ministry of Environment and Forest; Union of India through Secretary, Ministry of Environment and Forest
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Nature of Litigation
Two Public Interest Litigations challenging proposed commercial development of reclaimed land used for Bandra-Worli Sea Link, seeking writs of mandamus to restrain MSRDC from exploiting the land and to preserve it as a green lung.
Remedy Sought
Petitioners sought a writ of mandamus restraining Maharashtra State Road Development Corporation from planning or executing any commercial development on Plot bearing CTS No. 792, Village Bandra-A, Mumbai Suburban District, and directing protection of the plot as a green lung; also declaration that reservation/development of 24 acres of Bandra Reclamation Land is illegal and ultra vires.
Filing Reason
Petitioners alleged that MSRDC commercially exploited reclaimed land in violation of condition in MoEF clearance dated 7 January 1999 and amendment dated 27 June 2000 that no portion of reclaimed area be used for residential/commercial purposes.
Previous Decisions
In Rambhau Patil v. Maharashtra State Road Development Authority, 2002 (1) Bom.C.R. 76, challenge to MoEF clearances and validity of Bandra-Worli Sea Link project was rejected. The present matters were reserved on 21 August 2025 and pronounced on 26 August 2025; final decision not included in provided text.
Issues
Whether the restriction of non-exploitation of reclaimed land for commercial or residential purposes imposed in the Environmental Clearance issued as per Coastal Zone Regulation Notification, 1991 would continue to apply even after the reclaimed land subsequently falls outside CRZ area as per Coastal Zone Regulation Notification, 2019.
Whether reclaimed land remains undevelopable for perpetuity even after it ceases to be part of defined CRZ area.
Submissions/Arguments
Petitioners argued that the reclaimed land was granted for construction of Bandra-Worli Sea Link subject to condition that it not be used for residential/commercial purposes, and this condition continued to apply even after the land ceased to be in CRZ.
MSRDC contended that under the 2019 CRZ Notification and the Coastal Zone Management Plan approved on 29 September 2021, the subject plot including 24 acres available for development lies outside the CRZ area, and therefore the restriction no longer applies, making commercial development permissible.
Judgment Excerpts
The short issue that arises for considerations in these Public Interest Litigations is whether the restriction of non-exploitation of reclaimed land for commercial or residential purposes imposed in the Environmental Clearance issued as per Coastal Zone Regulation Notification, 1991 would continue to apply even after the reclaimed land subsequently falls outside CRZ area as per the Coastal Zone Regulation Notification, 2019.
On 7 January 1999, MoEF granted clearance for construction of Bandra- Worli Sea Link subject to various terms and conditions. One of the conditions was that the reclaimed land should be kept to the bare minimum ( not exceeding 4.7 hectares ) and the same to be monitored closely so as not to violate the provisions of 1991 CRZ Notification.
A specific condition was imposed that no portion of the reclaimed area should be used for residential/commercial purposes.
Procedural History
The first Development Plan for Bombay came into force on 17 February 1966. BMRDA was constituted around 1974 under the Bombay Metropolitan Region Development Act, 1977, and on 7 March 1977 appointed as Special Planning Authority for Bandra Kurla Complex. A draft revised Development Plan for H-West and G-North Wards was published in 1984, and the revised plan including the West Island Freeway was sanctioned on 7 May 1992. The Coastal Regulation Zone Notification, 1991 was issued on 19 February 1991. On 10 June 1993, the State applied to MoEF for construction of Bandra-Worli Sea Link. The 1991 CRZ Notification was amended on 9 July 1977 (as stated in judgment) permitting reclamation for bridges and sea links. MoEF granted clearance on 7 January 1999, and on 27 June 2000 amended the clearance increasing reclaimed area to 27 hectares with condition against residential/commercial use. The sea link was completed in 2009. By order dated 4 November 2016 under Section 40 of the Maharashtra Land Revenue Code, 1966, land admeasuring 2,32,465 sq.mtrs. was transferred to MSRDC; the Collector passed order on 30 January 2017 and MSRDC took possession on 17 February 2017. The 2011 CRZ Notification was issued, and in 2014 the Mahim water body was classified as a bay, limiting CRZ to 100 metres from HTL. The 2019 CRZ Notification was issued on 18 January 2019, and the Coastal Zone Management Plan for Mumbai City was approved on 29 September 2021. MSRDC floated a tender in January 2024 for development of 24 acres. Petitioner in PIL 22/2024 filed a complaint with MCZMA on 21 February 2024 and received RTI reply dated 4 March 2024. The two PILs were filed and reserved on 21 August 2025, with judgment pronounced on 26 August 2025.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: Section 40
- Bombay Metropolitan Region Development Act, 1977:
- Right to Information Act, 2005:
- Environment (Protection) Act, 1986:
- Development Control and Promotion Regulations, 2034:
