NAUFAL SHALIMversusTHE STATE OF MAHARASHTRA THROUGH P P AND AND ORS

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIRCUIT BENCH AT KOLHAPUR
                                             CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 7443 OF 2025
                                                         WITH
                                         INTERIM APPLICATION NO. 11196 OF 2025
                                                          IN
                                             WRIT PETITION NO. 7443 OF 2025

                      Naufal Shalim                                             ...Petitioner /
                                                                                Applicant
                                Versus
                      The State of Maharashtra and Others                       ...Respondents

                                                 ——————
                      Mr. M. I. Zarodarwala (Through V.C.) a/w Mr. Onkar Bajaj, for the
                      Petitioner / Applicant.
                      Mr. Vikas M. Mali, AGP for the Respondent-State.
                                                     ——————

                                                         Coram :    Sharmila U. Deshmukh &
                                                                    Neeraj P. Dhote, JJ.

                                                         Date     : August 17th , 2026.

                      P. C. :

                      1.        By the present Petition, the Petitioner seeks prior permission of

                      this Court for laying a pipeline for the purpose of discharging the

                      treated wastewater, in view of the decision of this Court in PIL No.87 of

                      2006 dated 17th September, 2018.

                      2.        The Petition has been iled on behalf of M/s. Freelance Fish Meal

                      and Oil Private Limited, located at Mirjole, MIDC, Ratnagiri, which has
         Digitally
         signed by
         SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
         2026.08.17
         18:20:11
         +0530

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been granted consent to operate by the Maharashtra Pollution Control

Board. Due to an expansion proposal, it was proposed to discharge the

treated wastewater to the extent of 300 KLD from its diferent

treatment plants into the sea, and for the said purpose, it was proposed

to lay the outfall HDPE pipeline from the plant to the landfall point.

3.     The Petitioner prepared the marine environmental impact

assessment study for obtaining clearance for the release of the treated

wastewater into the sea. As per the Coastal Regulation Zone Map, out

of the entire 10.5 kilometres pipeline, 583.46 metres falls in the 50-

metre bufer zone. The Petitioner has obtained permission from the

Maharashtra Coastal Zone Management Authority, (“MCZMA”) which

has granted such permission in its meeting held on 11 th and 12th

November, 2024, with the speciic condition of obtaining prior

permission of this Court in view of the order dated 17 th September, 2018

in PIL No.87 of 2006.

4.     Learned counsel appearing for the Petitioner submits that not a

single mangrove will be destroyed, and there is already another pipeline

of some other company in the said 50 metre bufer zone, and no

damage will be caused to the mangroves.

5.     The Petitioner was required to approach the Hon'ble High Court in

view of the order dated 17th September, 2018 passed in PIL No.87 of

2006, by which this Court had directed that regardless of the ownership


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of land having mangroves, all construction taking place within 50 metres

of all sides of mangroves shall be forthwith stopped.

6.     In Paragraph 83(viii), the Hon'ble Division Bench in the PIL has

held that in view of the applicability of the Public Trust Doctrine, the

State is duty bound to protect and preserve mangroves, which cannot

be permitted to be disturbed for any purpose unless the Court inds it

necessary for the public good or public interest. In view of the said

direction by the Hon'ble Division Bench, the MCZMA has imposed a

condition of obtaining prior permission of this Court for laying the

proposed pipeline within the 50 metre bufer zone.

7.     We have gone through the proposal which was considered by the

MCZMA. The Authority had noted that the Petitioner has obtained the

necessary permissions from the Maharashtra Pollution Control Board

for the purpose of treating its trade eluent, and after the inal

treatment, the treated wastewater is required to be discharged and for

the said purpose, the Petitioner seeks to lay down the pipeline. As the

proposal for laying the pipeline is for the release of treated eluent,

and in the event that the permission is not granted, there is every

possibility of the treated eluent being released in areas which are

impermissible, the laying of the pipeline is for the public good. As there

is no destruction of mangroves, there would be no impact on the

mangroves.


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8.     In light of the above, permission is granted for laying the pipeline

having a length of 583.46 metres within the 50 metre bufer zone,

subject to strict compliance with the conditions imposed by the

Maharashtra Pollution Control Board and the MCZMA.

9.     The Petition is allowed in terms of prayer Clause (a) which reads

as under :

       “a.    This Hon’ble Court be pleased to issue Writ of Mandamus or any
       other Writ in the nature or Order and Direction to the Respondent
       Nos.2 & 3 to give necessary permission to lay the pipeline length 583.46
       m which is falling under 50 m mangrove bufer zone i.e. throw raw
       wastewater into the sea from M/s Freelance Fish Meal and Oil Pvt Ltd
       located at Mirjole, MIDC, Ratnagiri, State Maharashtra.”


10.    The Interim Application does not survive for consideration and

stands disposed of.




 [Neeraj P. Dhote, J.]                            [Sharmila U. Deshmukh, J.]




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