On 17 December 2019, the Supreme Court directed the state government to go ahead with the land reclamation for the Coastal Road Project proposed in Mumbai, thereby staying an earlier order by the Bombay high court.
Earlier, on 16 July 2019, the high court had set aside the environmental clearance granted to the Brihanmumbai Municipal Corporation (BMC) by the Coastal Regulatory Zone Authority and ordered a halt on the construction work. The court also ordered the BMC to obtain fresh environmental clearance.
The Rs 12,000-crore project, proposed in early 2012 by former Chief Minister Prithviraj Chavan, involves the creation of a 35.6-kilometre freeway connecting Marine Lines in south Mumbai to Kandivali in the north. The project has been in the eye of the storm since. Environmental activists and residents believe the project not only exploits the region's marine biodiversity but also puts at risk the livelihoods and homes of the fisherfolk in the area.
A petition was filed by the Worli Koliwada Nakhwa and Worli Machimmar Sarvodaya in early February 2019 highlighting issues such as the lack of access to the sea due to reclamation and the loss of breeding grounds of marine animals, affecting about 11,000 people from the fishing community. The project is likely to eat into 75 hectares of open green space and up to 100 metres of the seashore.
In light of this, the Bombay high court, on 28 February 2019, had directed the Commissioner of Fisheries to conduct a survey and to hear out the grievances of the fishing communities. The court ordered the BMC and the police to not obstruct any fishing activity in the area. The Bench, led by Chief Justice Naresh Patil and Justice N M Jamdar, also ordered the BMC to conduct a meeting with the Commissioner of Fisheries and to submit a report within two weeks. On 23 April 2019, the high court ordered the BMC to halt work on the project until 3 June 2019. On 3 June, the BMC informed the court that it would provide compensation to the fisherfolk affected by the project, the details of which were not disclosed to the public.
However, on 28 August and 7 September 2020, the BMC filed two affidavits before the Supreme Court informing that it will require additional reclamation of six hectares and 15 hectares, respectively, for the Coastal Road Project. The residents are of the view that since there has been a change in the original plan, the BMC should conduct public consultations once again.
On 30 September 2022, a division bench of Justice DY Chandrachud and Justice Hima Kohli allowed the BMC to commence partial developmental activities in the project area, including cycle and jogging tracks, butterfly park, and other recreational spaces, thereby amending the Court's order of October 2020, which had permitted land reclamation exclusively for road construction.
As on 11 March 2024, the Chief Minister of Maharashtra inaugurated the first phase of a 10.5 kilometre stretch between Worli and Marine Drive, and the same has been operational ever since.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Refusal to give up land for the project
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Urban
Type of Land
Common and Private
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
2023
Whether the Project has been Delayed
No
Significance of Land to Land Owners/Users
Non-agri rural enterprise, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
12000
Type of investment:
Cost of Project
Year of Estimation
2012
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Violation of free prior informed consent
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Supreme Court, High Court of Bombay
Case Number
SLP 17471/2019; WP 560/2019; PIL No. 39/2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Brihanmumbai Municipal Corporation
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Fisherfolk
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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