Daily Court Digest: Major environment orders (January 31, 2025)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Daily Court Digest: Major environment orders (January 31, 2025)
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Regulation compliance for coastal road project in Navi Mumbai

The Ulwe Coastal Road (UCR) project in Navi Mumbai, Maharashtra is permissible under the Coastal Regulation Zone (CRZ) Notification, 2011, the Union Ministry of Environment, Forest and Climate Change (MoEFCC) told the National Green Tribunal on January 28, 2025. The project has  been recommended by the Maharashtra Coastal Zone Management Authority (MCZMA) via a letter dated August 23, 2023 as well.

The court was informed that the proposed project by the City & Industrial Development Corporation (CIDCO) falls within four categories of CRZ — IA, IB, II and IV(B). 

“The Expert Appraisal Committee (EAC) [of the MoEFCC] has deliberated the anticipated impact of this project on mangrove areas, inter-tidal area, mudflats along with other environmental aspects. Accordingly, specific conditions have been stipulated to minimize these impacts,” the report said. 

Among the specific conditions recommended by the EAC is a requirement for the project proponent to ensure the natural flow of tidal water to mangroves. Adequate measures must be in place to maintain uninterrupted tidal water flow to these ecosystems. Another condition mandates prior clearance under the Forest (Conservation) Act, 1980, for the diversion of mangrove forests.

Furthermore, the High Court of Mumbai’s approval must be obtained before executing the project, in compliance with its directives on mangrove conservation and felling, the EAC said. The road across CRZ-IA and CRZ-IB areas must be constructed on stilts in accordance with the CRZ Notification, 2011. Additionally, the water quality of the entire creek should be monitored regularly to assess the impact of construction and reclamation activities, with reports submitted to the MoEFCC’s Integrated Regional Office (IRO).

CIDCO had submitted a proposal for CRZ clearance for the construction of a coastal road from Amra Marg to the MTHL junction, including an airport link at Navi Mumbai, to the MoEFCC.

The EAC deliberated on the matter in its meeting on September 26, 2023. The EAC (CRZ) comprises experts from various scientific and technical fields, including marine ecology, forestry, the National Institute of Oceanography, mangroves, the Central Road Research Institute, and civil engineering, with the necessary expertise to evaluate projects in line with the CRZ Notification of 2011/2019.

The proposed project requires CRZ clearance under Para 4(i)(g) of the CRZ Notification, 2011. As per this provision, “construction of road by way of reclamation in CRZ area shall be only in exceptional cases, to be recommended by the Coastal Zone Management Authority concerned  and approved by theMoEFCC; 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”.

Illegal sand mining in Rongai river, West Garo Hills

The eastern bench of the NGT on January 30, 2025 directed the deputy commissioner of West Garo Hills and the Divisional Forest Officer, West & South West Garo Hills (T) Division, Tura, to file a fresh affidavit outlining the actions taken to address illegal sand mining threatening the Rongai river in Meghalaya’s West Garo Hills district.

The next hearing for the case is scheduled for March 7, 2025.

The application was based on a news article published in the newspaper Shillong Times on June 29, 2024. The report highlighted that an iron barricade placed in the middle of the Rongai River, along with uncontrolled illegal sand mining activities in certain areas of the river at Chibinang, West Garo Hills, has been causing erosion and loss of land. It further stated that such activities result in the disposal of polluting substances into the river, making the water unfit for human consumption and harmful to aquatic life.

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