BMC to challenge Coastal Road order

Mumbai: The Bombay high court  on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) and state to continue status quo as directed in an earlier order for construction of the coastal road.

The BMC has also asked the court for a detailed order so that it could move the Supreme Court. However, the bench remarked that the present order entails all the information needed for moving the apex court.

The Ministry of Environment Forest & Climate Change (MoEFCC) filed an affidavit before the court saying that the Coastal Regulation Zone (CRZ) clearance had already been accorded for construction of the coastal road and petitions against the work were devoid of merit.

A division bench of Chief Justice Pradeep Nandrajog and Justice N.M. Jamdar had earlier this month directed an interim stay on reclamation work for the coastal road, upholding the Supreme Court's lead in the principle which comes from the maxim: in dubio pro natura, meaning ‘In case of doubt, in favour of the nature’.

In the latest proceedings, five applicants have sought permission to intervene in the matter, asking for relief from the stay. L&T and HCC, the contractors, stated that their companies were incurring financial losses due to the stay on the work. However, the Chief Justice denied them permission stating that they can assist the court in case any technical issue comes up.

The HC has kept the next hearing on June 3 but the BMC sought an earlier date stating that the present work will be affected due to the monsoon.

The bench asked them to move an application seeking permission for certain areas.

In its interim order, the court had acknowledged the petitioner, Shweta Wagh’s affidavit stating that extensive work was being carried out, debris was being dumped, rock surfaces were being pulverised with the use of machines and stone bunds were continuing to be built.