From Coastal Zone to Commercial Zone – Legal Green Light to MSRDC
Judgment dated 26.8.2025 of the High Court of Bombay in Public Interest Litigation No.22 of 2024 of Zoru Darayus Bhathena Vs. Maharashtra State Road Development Corporation and others with PIL (L) No.8224 of 2024 of Bandra Reclamation Area Volunteers Organisation (BRAVO) Vs. Union of India and others
From Coastal Zone to Commercial Zone – Legal Green Light for reclaimed land of MSRDC
PIL against commercial exploitation of the land reclaimed for Bandra Worli Seak Link.
The important question whether the restriction on use of reclaimed land for commercial / residential in the Environmental Clearance given as per Coastal Zone Regulation Notification, 1991, would continue even after the reclaimed land has subsequently fallen outside CRZ zone.
In other words, whether the restriction on development of reclaimed land is in perpetuity even after the land has fallen outside CRZ Zone?
On 7.1.1999, the MoEF granted environmental clearance for the construction of Bandra-Worli Sea Link subject to various terms and conditions.
On 27.6.2000, condition No.(viii) was amended and increased reclaimed area to 27 hectares. However, a specific condition was imposed that no portion of the reclaimed area should be used for residential / commercial purposes.
In 2009, the Sea Link was completed.
On 4.11.2016, the land of 2,32,465 sq.mts (57.44 acres) was transferred by the State Government to the MSRDC for development subject to the clearance of MoEF and MCZMA and possession was given on 17.2.2017.
By the CRZ Notification dated 6.1.2011, the earlier 1991 CRZ notification was superseded.
In 2024, the MSRDC invited for appointment of developer for development of the said land in Bandra.
During the pendency of the PIL, the MoEF has granted environmental clearance to the project on 8.4.2025.
HELD that once the land is no longer part of the CRZ area, no restriction imposed at the time of its reclamation would continue to operation after the land was taken outside the CRZ purview.
It is for MSRDC to decide use and exploitation of the reclaimed land. The said activity of MSRDC is not illegal on the ground that MSRDC cannot do anything beyond the construction of roads. It is for the State Government to decide about the State Agency to carry out the development of the reclaimed land.
