Supreme Court Allows Land Reclamation for Mumbai Coastal Road Project

Reported by

Elizabeth ManiLand Conflict Watch

Last updated on

January 13, 2020

Location of Conflict

Mumbai (Marine Lines to Kandivali)

Mumbai

Reason or Cause of Conflict

Roads

(

)

People Affected by Conflict

11000

Land Area Affected (in Hectares)

164

ha

Starting Year

2018

State

Maharashtra

Sector

Infrastructure

On December 17, 2019, the Supreme Court directed the government to go ahead with the reclaiming of land for a coastal road project proposed in Mumbai, thereby staying an earlier order by the Bombay High Court. On July 16, 2019, the High Court had set aside the environmental clearance granted to the Brihanmumbai Municipal Corporation (BMC) by the Coastal Regulatory Zone Authority for the coastal road project and ordered a halt on the construction work of the road. The court also ordered the BMC to obtain fresh environmental clearance.  The 12,000-crore project, proposed in early 2012 by former Maharashtra Chief Minister Prithviraj Chavan, involves the creation of a 35.6-kilometre freeway that will connect Marine Lines in south Mumbai to Kandivali in the north. The project has been in the eye of the storm since. Environmental activists and local residents believe that the project not only exploits the region's marine biodiversity but also puts at risk the livelihoods and homes of the fisherfolk in the area. A petition was filed by the Worli Koliwada Nakhwa and Worli Machimmar Sarvodaya in early February 2019 highlighting issues such as the lack of access to the sea due to reclamation and the loss of breeding grounds of marine animals, affecting about 11,000 people from the fishing community. The project is likely to eat into 75 hectares of open green space and up to 100 metres of the seashore for reclamation. In light of this, the Bombay High Court, on February 28, 2019, had directed the Commissioner of Fisheries to conduct a survey and to hear out the grievances of the fishing communities. The court ordered the BMC and the police to not obstruct any fishing activity in the area. The Bench, led by Chief Justice Naresh Patil and Justice N.M. Jamdar, also ordered the BMC to conduct a meeting with the Commissioner of Fisheries and to submit a report within two weeks. On April 23, the Bombay High Court ordered the BMC to halt work on the project until June 3, 2019. On June 3, the BMC informed the Bombay High Court that it would provide compensation to the fisherfolk affected by the project, the details of which were not disclosed to the public.

Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

Type of Common Land

Total investment involved (in Crores):

12000

Type of investment:

Year of Estimation

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws

Legislations/Policies Involved

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community? What was the decision of the concerned government department?

Legal Processes and Loopholes Enabling the Conflict:

Legal Status:

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

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Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Government Departments Involved in the Conflict:

Brihanmumbai Municipal Corporation, Government of Maharashtra, Bombay High Court, Supreme Court

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

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Resources Related to Conflict

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No Images Available

Documented By

Elizabeth Mani

Reviewed By

Elizabeth Mani

Updated By

Elizabeth Mani

Edited By

Elizabeth ManiLand Conflict Watch
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