The Bombay High Court disposed of a Public Interest Litigation (PIL) filed challenging the principal approval dated 2nd March, 2019, as the same was without obtaining the final Coastal Regulation Zone (CRZ) clearance and the Environment Impact Assessment so also the clearance with regard to the forest land.
Hiten Venegaokar, advocate for the Administrator of Daman and Diu (respondent Nos.1) and Collector , Daman (respondent Nos.2) submits that the CRZ clearance is obtained. The proposal was submitted to the Daman and Diu Costal Zone Management Authority (DDCZMA) on 26.10.2018, the documents were considered and the final environmental clearance was granted on 17.09.2019.
It is further submitted that the Collector has also issued the necessary clearance with regard to the forest land under order 18.03.2019. The same is also placed on record. The project is completed.
The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne noted that the respondents had undertaken the project of construction of road in CRZ-IA, CRZ-IB at Daman, Devka beach. Initially when the present PIL was filed the respondents did not possess the necessary CRZ clearance. However, the Bench noted that the DDCZMA has sanctioned proposal of the petitioner on 17.09.2019 and the Collected has also issued the certificate.
The Collector has certified that :-
“(a) The complete process for identification and settlement of right under the FRA has been carried out for the entire 2.53 hectare of forest area proposed for diversion. A copy of records of all consultations and meetings of the Forest Rights Committee(s), Gram Sabha(s), Sub-Division Level Committee(s) and the District Level Committee are enclosed as annexure. (As per MoEF letter dated 5 th February 2013) NOT APPLICABLE.
(b) The diversion of forest land for facilities managed by the Government as required under section 3(2) of the FRA have been completed and the Gram Sabhas have given their consent to it: (As per MoEF letter dated 5 th February 2013) NOT APPLICABLE.
(c) The proposal does not involve recognized right of Primitive Tribal Groups and Pre-agriculture communities.”
In light of that, the respondents have obtained the necessary CRZ clearance and also the certificate from the Collector about the forest land for the project. In light of that the purpose of the PIL stands subserved , held by the High Court.