Bombay HC dismisses pleas against commercial development of land reclaimed for sea link

They had submitted that the permission to reclaim land ,which then fell under the Coastal Regulation Zone (CRZ), was for the purpose of the sea link and prohibited use for residential and commercial purposes, challenging a proposed project by Adani Properties Pvt Ltd.

“The principle that the land once affected by CRZ restrictions must always remain subject to CRZ restrictions would lead to absurdity,” the court said.

It referred to the CRZ notification, 2019, which said that the land in question now falls outside the CRZ.

The court said that the 2019 notification, which itself was not under challenge, does not say that land reclaimed for construction of a public project, would remain affected by CRZ restrictions irrespective of its location from the High Tide Line.

“In the present case, the land which is reclaimed for construction of Bandra Worli Sea Link now falls outside the distance of 50 meters from HTL of Mahim Bay and therefore is no longer part of CRZ area,” the court said. It added that once that is established, there is no restriction under CRZ on the use of the land.

The petitioners had also contended that the reclamation was for a public use and the proposed project had no public trust element.

The court noted that of the 57.44 acres land, land admeasuring 29.44 Acres is earmarked for road, social amenities and garden.

“Out of the balance land of 28 acres, land admeasuring 24 acres is earmarked for development and balance 4 acres land is earmarked for reservations as cemetery, cremation ground, burial ground, health post, etc. under DCPR, 2034,” the court said.