NGT Dismisses Plea Challenging CRZ Clearance Extension For Nerul Golf Course Project In Navi Mumbai

Mumbai, May 7: The National Green Tribunal (NGT) has dismissed an appeal challenging the extension of Coastal Regulation Zone (CRZ) clearance granted to a proposed golf course project in Nerul, Navi Mumbai.

Appeal challenged CRZ clearance extension

The appeal was filed by Advocate Maitreya P. Ghorpade on behalf of appellant Bharat Gupta, seeking to quash and set aside an order extending the validity of the CRZ clearance granted to M/s Mistry Constructions Pvt. Ltd. for its proposed Golf Course Project at Sector 60, Nerul, Navi Mumbai.

According to the appellant, the CRZ clearance dated January 11, 2018, had been granted by the Maharashtra Coastal Zone Management Authority (MCZMA) to M/s Mistry Constructions Pvt. Ltd. for construction of a golf course project situated within CRZ-IB areas of Sector 60, Nerul, Navi Mumbai.

The project includes a golf course playfield with a built-up area measuring 98,761 sq. metres and a country club with a built-up area of 4,493 sq. metres, proposed to be constructed in inter-tidal CRZ-IB areas.

Appellant questioned project legality

The appellant contended that construction of a golf course and country club in CRZ-IB areas was not permissible under the CRZ Notification, 2011.

The plea further stated that the CRZ clearance issued in 2018 was valid for five years, until January 10, 2023. However, since the project proponent had failed to commence construction, M/s Mistry Constructions approached the MCZMA in November 2022 seeking revalidation of the clearance.

Subsequently, the MCZMA, in its 162nd meeting, revalidated the CRZ clearance till January 10, 2025.

Earlier plea dismissed on limitation grounds

The earlier revalidation order dated December 7, 2022, was challenged before the NGT through Appeal No. 19 of 2023 (WZ), but the tribunal had dismissed the plea on August 11, 2023, on grounds of limitation.

During the hearing of the present appeal, the project proponent relied upon an amendment issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on July 3, 2023, which extended the validity period of CRZ clearances up to 10 years.

The amendment also provided that the period between April 1, 2020, and March 31, 2021, would be excluded while calculating the validity period of CRZ clearances in view of the COVID-19 outbreak.

Tribunal upholds continued validity of clearance

After hearing the submissions, the bench comprising Justice Dinesh Kumar Singh and Expert Member Dr Sujit Kumar Bajpayee observed that the project proponent had merely sought clarification regarding the continued validity of the original CRZ clearance and that there was no change in the original proposal.

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The tribunal held that in light of the amended MoEF&CC notification, the CRZ clearance granted on January 11, 2018, would remain valid up to January 10, 2029, and no fresh application was required.

“We do not find force in the argument made by learned counsel for the appellant and also do not find infirmity in the impugned order,” the tribunal observed while dismissing the appeal at the admission stage itself.

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