Case Note & Summary
The petitioners, comprising residents' associations and trusts, filed a Public Interest Litigation challenging the construction of a 38-story building by Respondent No.6 (Vasant Sagar Properties Pvt. Ltd.) at Cuffe Parade, Mumbai. They alleged that the building violated Coastal Regulation Zone (CRZ) norms, exceeded permissible Floor Space Index (FSI), and lacked prior environmental clearance. The respondents included the Municipal Corporation of Greater Mumbai (BMC), the State of Maharashtra, the Maharashtra Coastal Zone Management Authority (MCZMA), the Union of India, and the builder. The court examined the CRZ Notification 1991 and 2011, noting that the site was in a developed area (CRZ-II) and not in CRZ-I (no development zone). It held that the building was not located on a CRZ-I area and that the FSI granted was within permissible limits under DCR 58 of the Development Control Regulations for Greater Mumbai, 1991. The court also found that the project did not require prior environmental clearance under the EIA Notification 2006 as it was a redevelopment of an existing structure with built-up area below the threshold. The court dismissed the PIL, holding that there was no violation of CRZ norms, FSI regulations, or environmental clearance requirements.
Headnote
A) Environmental Law - Coastal Regulation Zone - CRZ Notification 1991 - Applicability - The court examined whether the building site falls within CRZ-I (no development zone) or CRZ-II (developed area). Held that the site is in a developed area (CRZ-II) as per the CRZ Notification 1991, and construction is permissible subject to conditions. (Paras 10-20) B) Environmental Law - Environmental Clearance - Requirement of prior environmental clearance under EIA Notification 2006 - The court held that the building project did not require prior environmental clearance as it was not a 'new project' but a redevelopment of an existing structure, and the built-up area was below the threshold of 20,000 sq.m. (Paras 21-25) C) Municipal Law - Floor Space Index - DCR 58 - The court held that the FSI granted to the building was within the permissible limits under DCR 58 of the Development Control Regulations for Greater Mumbai, 1991, and there was no violation of FSI norms. (Paras 26-30) D) Public Interest Litigation - Maintainability - The court held that the PIL was maintainable as it raised issues of environmental and municipal law compliance, but dismissed it on merits as no violation was found. (Paras 1-5)
Issue of Consideration
Whether the construction of a 38-story building by Respondent No.6 at Cuffe Parade, Mumbai violates CRZ norms, FSI regulations, and environmental clearances, and whether the impugned permissions granted by the Municipal Corporation of Greater Mumbai and the State of Maharashtra are illegal and liable to be set aside.
Final Decision
The court dismissed the Public Interest Litigation, holding that there was no violation of CRZ norms, FSI regulations, or environmental clearance requirements. The construction by Respondent No.6 was found to be lawful.
Law Points
- CRZ Notification 1991
- CRZ Notification 2011
- Mumbai Municipal Corporation Act 1888
- Development Control Regulations for Greater Mumbai 1991
- Environment Protection Act 1986
- Coastal Regulation Zone
- Floor Space Index
- Public Interest Litigation
- Environmental Clearance
- High Tide Line
