BRIHANMUMBAI MUNICIPAL CORPORATIONversusUNION OF INDIA THROUGH THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION

                       WRIT PETITION NO.3349 OF 2026
Brihanmumbai Municipal Corporation                            .. Petitioner
       Vs.
Union of India & Ors.                                         .. Respondents


Mr. Saket Mone with Ms. Oorja Dhond and Ms. Anchita Nair, Advocates
for the Petitioner.
Ms. Shruti Vyas with Ms. Kavita Dhanuka, Advocates for Respondent
No.1-Ministry of Environment, Forest & Climate Change.
Mr. Manish Kelkar with Ms. Gauri Phadake, Advocates for Respondent
No.2-MCZMA.
Smt. Jyoti Chavan, Additional Government Pleader with Smt. Nazia
Sheikh, Assistant Government Pleader for Respondent Nos.3 and 4/State
of Maharashtra.
Ms. Deepali Bagla, Advocate, i/by Bagla & Associates, for Respondent
No.5-BEAG.


                         CORAM :         RAVINDRA V. GHUGE, ACJ. &
                                         GAUTAM A. ANKHAD, J.

                         DATE      :     18th August, 2026.
P.C. :


1.               The Petitioner proposes to undertake the construction of an

Earthen Bund and two Culverts along the waterfront at the Kanjurmarg

Municipal Solid Waste processing facility near the Eastern Express

Highway, Kanjurmarg (East), Mumbai, to facilitate a tidal water flow for

the protection and survival of mangroves. The Petitioner seeks

permission of this Court, pursuant to the judgment and order dated 17th
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September, 2018 and 2nd November, 2018 delivered by this Court in

Public Interest Litigation No. 87 of 2006.


2.               Mr. Mone, learned counsel appearing for the Petitioner,

submits that the proposed project does not involve any destruction or

cutting of mangroves. He submits that the Earthen Bund is primarily

intended to prevent the ingress of untreated wastewater into the

surrounding mangrove vegetation, while the proposed Culverts are

intended to facilitate the smooth flow of tidal water into the mangrove

area. The project would also prevent soil erosion and thereby contribute

to the overall protection of the marine environment. The Bund is

proposed to be constructed using eco-friendly geo-grid reinforcement,

controlled filling of Murum (considered a ‘Minor Mineral’, which is a

weathered, fragmented rock material mixed with clay, silt and gravel,

which packs down tightly into a hard, stable surface), rock toe protection

and geo-membrane waterproofing so as to ensure its structural integrity

and long-term performance. The dimensions and other particulars of the

proposed Bund and Culverts are set out in the Petition.


3                Mr. Mone further submits that all requisite statutory

permissions and clearances have been obtained for the project. This

includes;


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            (i)        Clearance granted by Respondent No. 2 on 9 th January,

                       2024 under the CRZ Notification, 2019;

            (ii)       Forest NOC dated 22nd October, 2024, issued by

                       Respondent No. 4 recording that no forest or mangroves

                       are visible at the site.

            (iii)      Approval granted by the Thane Creek Flamingo

                       Sanctuary ESZ Monitoring Committee, on 27th June,

                       2025 and 16th February, 2026.

It is submitted that the Petitioner has also paid all requisite charges to the

concerned statutory authorities on 12th February, 2026 and has complied

with all conditions imposed by them.



4.                Respondent No. 4 has filed an affidavit dated 6th August,

2026, confirming that there are no mangroves at the site of the proposed

Earthen Bund and, therefore, clearance/approval of the Ministry of

Environment, Forests and Climate Change, Government of India, under

the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, is not

required. The affidavit further records that the Petitioner has complied

with the conditions imposed by the concerned authorities. Similarly,

Respondent No. 2 has also filed an affidavit dated 13th August, 2026

stating that approval for the project has been granted, subject to strict
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compliance with the conditions stipulated in the approvals issued by the

concerned statutory authorities.



5.               Mr. Kelkar, learned counsel appearing for Respondent

No. 2, submits that Respondent No. 2 supports the project proposed to be

implemented by the Petitioner.



6.               Ms. Bagla, learned counsel appearing for Respondent No. 5,

opposes the Petition on the limited ground that the application made to

Respondent No. 2, contemplated the construction of two Earthen Bunds

and two Culverts, of which one Earthen Bund and both Culverts fall

within the CRZ-1A area. She, however, fairly submits that if constructed

and implemented strictly in accordance with the statutory permissions,

the project would be beneficial to the environment. In response,

Mr. Mone submits that only one Earthen Bund is now proposed to be

constructed and that the Petitioner has obtained the requisite permission

for its construction. In support, he relies upon the Clearance dated 9 th

January, 2024 granted by Respondent No.2 at page 98 of the paperbook.



7.               We have heard the learned counsel for the parties and

perused the record. It is not in dispute that the proposed project does not

involve the cutting or destruction of mangroves. On the contrary, the

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material on record indicates that the proposed Earthen Bund is intended

to protect the surrounding mangrove vegetation and marine life by

preventing the ingress of ‘Leachate’ (contaminated liquid that drains

from municipal landfills, compost sites or mines, carrying toxic

chemicals, heavy metals and organic waste) into the tidal waters. The

proposed Culverts are intended to facilitate the movement of tidal water

and thereby aid in the conservation and survival of the mangroves. The

project would also serve to prevent soil erosion and protect the marine

biodiversity of the area.



8.               In these circumstances, considering the nature and purpose

of the project, the statutory permissions and clearances obtained by the

Petitioner and the public utility involved, we are of the view that the

petitioner is entitled to the permission required as per the judgment and

order dated 17th September, 2018 and 2nd November, 2018 delivered by

this Court in Public Interest Litigation No. 87 of 2006.



9.               This Petition is allowed in terms of prayer clause (a),

which reads as under:

          “(a) This Hon'ble Court be pleased to issue a Writ of
               Mandamus or any other appropriate writ or order or
               direction in the nature of mandamus under Article 226
               of the Constitution of India, thereby directing the

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                                   Respondent Authorities to permit the Petitioner to
                                   execute the project of proposed construction of Earthen
                                   Bund and construction of two culverts along water
                                   front at Kanjur Municipal Solid Waste (MSW)
                                   processing facility near Eastern Express Highway,
                                   Kanjurmarg (E), in 'S' Ward, Mumbai Suburban,
                                   Maharashtra ("said project") for movement of tidal
                                   flow for surviving of mangroves, in view of the public
                                   importance of the project finding of this Hon'ble Court
                                   recorded at paragraph 83(viii) of the Judgment and
                                   Order dated 17th September, 2018 passed by this
                                   Hon'ble Court in PIL No. 87 of 2006.”



                      10.          It is clarified that the Petitioner shall undertake and

                      complete the construction of the Earthen Bund and Culverts only after

                      obtaining all requisite statutory permissions and clearances and strictly in

                      accordance with the terms thereof. All such permissions and conditions

                      shall be scrupulously complied with throughout the execution of the

                      project.




                      [ GAUTAM A. ANKHAD, J. ]                  [ ACTING CHIEF JUSTICE ]




          Digitally
          signed by
SNEHA SNEHA
      ABHAY DIXIT
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DIXIT 16:19:52
      2026.08.19
          +0530