23-WP-7443-2025(C).doc 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 Jamadar-SL 1 of 4 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2026.08.17 18:20:11 +0530 23-WP-7443-2025(C).doc 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 11th and 12th November, 2024, with the speciic condition of obtaining prior permission of this Court in view of the order dated 17th 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 Jamadar-SL 2 of 4 23-WP-7443-2025(C).doc 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. Jamadar-SL 3 of 4 23-WP-7443-2025(C).doc 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.] Jamadar-SL 4 of 4