23 February 2024 Environment Protection >> Environmental Law  

Facts:

• Residents of Kharmachela Village, Raigad District, Maharashtra (hereinafter "Petitioners") filed a petition with the Bombay High Court challenging the construction of a bridge by JSW Steel Limited (hereinafter "Respondent") in the vicinity of the village.
• Petitioners argued that the bridge construction would violate environmental laws and cause significant damage to local mangrove ecosystems. They further asserted that Respondent obtained permission for the project through misrepresentation and non-disclosure of crucial information. Additionally, Petitioners claimed that Respondent had already begun destroying mangroves in the area, constituting a pre-emptive violation of environmental regulations.

Holding:

• The Bombay High Court dismissed the petition after a thorough review of the presented evidence and arguments.
• The Court found no merit in the claim of misrepresentation or non-disclosure against Respondent, concluding that the permission for bridge construction was obtained through proper channels and with full disclosure of relevant information.
• The Court further determined that Respondent had secured all necessary environmental clearances for the project, adhering to the established legal framework.
• Acknowledging the ongoing proceedings before the National Green Tribunal (NGT) specifically focused on potential environmental violations arising from the bridge project, the Court declined to exercise concurrent jurisdiction to avoid any potential conflict or duplication of efforts.

Conclusion:

• The Bombay High Court's decision represents a setback for the Petitioners in their efforts to halt the bridge construction project.