CONSERVATION ACTION TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners and the learned Counsel for respondents.

(2.) This petition filed in public interest principally challenges the order dated 23 February 2015 of the Government of India, the Ministry of Environment, Forest and Climate Change (for short 'MoEF') which grants environmental and CRZ clearance to Chhatrapati Shivaji Maharaj Memorial (for short 'the said project') in the Arabian sea in proximity to South Mumbai. There is also a prayer that Clause 4(ii)(j)(D) of the Coastal Zone notification,2011 as amended by notification dated 17 February 2015 of the MoEF, be held to be illegal.

(3.) This petition was urgently moved on behalf of the petitioners contending that there are newspaper reports indicating that the work on site in regard to the construction of the proposed project has started on 24 October 2018 and reclamation of the land has begun for the project. It is thus prayed for that urgent interim reliefs in terms of prayer clause (D) of the petition, namely of a stay be granted to the order dated 23 February 2015 of the MoEF, granting CRZ and environmental clearance to the said project and the respondents be restrained from taking further steps thereunder. Prayer clause (d) reads thus:- (d) that pending the hearing and final disposal of the Petition the Environmental clearance dated 23 February 2015 be stayed by an interim order of this Hon'ble Court and the respondent no.2 be restrained by an interim order of this Hon'ble Court from acting on the basis of the purported CRZ & Environmental clearance dated 23 February 2015 or from taking any steps to proceed with the proposed Memorial Project.