Bombay High Court Voids Post-Facto Clearances for Coastal Projects

The Bombay High Court has annulled the Union government's decision to permit post-facto clearances for projects in Coastal Regulation Zone areas. The court ruled that such clearances violate CRZ Notification, 2019, and cannot replace statutory requirements for prior approvals. This verdict came in response to a public interest litigation filed by NGO Vanshakti.

The Bombay High Court has invalidated the Union government's decision to allow post-facto clearances for projects taking place in Coastal Regulation Zone (CRZ) areas. This ruling by Chief Justice D K Upadhyaya and Justice Amit Borkar marks a significant setback for the Ministry of Environment, Forests and Climate Change (MOEFCC).

The court's decision, dated September 24 and released on Wednesday, declared that the Office Memorandum issued by MOEFCC in February 2021 is legally impermissible. The memorandum aimed to regularize projects in CRZ areas without prior clearance, a move challenged by NGO Vanshakti.

The court underscored that the memorandum conflicted with the CRZ Notification, 2019, which strictly mandates prior clearances for any projects within the CRZ zones. The Union government argued that several state governments had requested such clearances due to lack of awareness, but the court maintained that the memorandum was non-statutory and cannot override existing regulations.

(With inputs from agencies.)