Case Note & Summary
The petitioner, Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition seeking permission to execute upgradation work of design, fabrication, installation and commissioning of heavy duty back rake type mechanical screening for Irla Nalla at Irla storm water pumping station in K/West Ward. The work is of public importance as it aims to remove huge quantity of floating material discharged into the storm water pumping station. The respondents included environmental groups, state and central authorities. The court considered the need to balance public interest with environmental compliance. The court allowed the petition, directing MCGM to proceed with the work subject to obtaining necessary permissions from the Maharashtra Coastal Zone Management Authority (MCZMA) and other authorities, and to comply with all environmental norms. The court also directed that the work be carried out without causing any damage to the environment. The judgment was delivered by a division bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni on January 5, 2021.
Headnote
A) Environmental Law - Coastal Regulation Zone - Interim Order - Upgradation of Storm Water Pumping Station - MCGM sought permission to execute upgradation work of heavy duty mechanical screening at Irla Nalla storm water pumping station, which is of public importance to remove floating material - Court allowed the work subject to MCGM obtaining necessary permissions from MCZMA and other authorities and complying with environmental norms - Held that public interest requires the work to proceed, but subject to environmental safeguards (Paras 1-3).
Issue of Consideration
Whether the Municipal Corporation of Greater Mumbai (MCGM) can be permitted to execute upgradation work of a storm water pumping station at Irla Nalla pending compliance with environmental regulations.
Final Decision
Rule made returnable forthwith. Respondents waive service. By consent of parties, heard finally. The court allowed the petition, directing MCGM to proceed with the upgradation work subject to obtaining necessary permissions from MCZMA and other authorities and complying with all environmental norms.
Law Points
- Environmental Law
- Public Interest
- Coastal Regulation Zone
- Interim Order
- Compliance with Environmental Norms
