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 1/6 929-WP-3349-2026.odt Dixit 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; 2/6 929-WP-3349-2026.odt Dixit (i) Clearance granted by Respondent No. 2 on 9th 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 3/6 929-WP-3349-2026.odt Dixit 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 9th 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 4/6 929-WP-3349-2026.odt Dixit 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 5/6 929-WP-3349-2026.odt Dixit 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 ] 6/6 929-WP-3349-2026.odt Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.08.19 16:19:52 +0530