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11. On merits, it is submitted that the project is not in violation of the final revised Development Plans of H(W) and G(N) Wards prepared by the Bombay Municipal Corporation and Planning Authorities under the provisions of the MRTP Act, 1966. The said project was included in the sanctioned planning proposals of Bandra-Kurla Complex, and was also included in the Coastal Zone Management Plan to which approval has been given by the Ministry of Environment and Forests. The project consists of solid approach road and land filling on Bandra side approach. Alignment, the cross-section and such details pertaining to the said project were included in the project proposals submitted to the Government of India by the MMRDA in the year 1993. Land filling of about 22.2 Ha was already included for the road alignment for the approach road on Bandra side, including filling the narrow ditch of about 60-90 metres between the road and the then existing shoreline. This had been shown in the sanctioned Development Plan for the Bandra-Kurla Complex. The procedure for finalising the Draft Development Plan was followed by the Town Planning Department, and the same was ultimately sanctioned. It is also denied that the letter of no objection dated 7th January, 1999 was issued by the Government of India without authority of law, or that the same was obtained by fraud or misrepresentation practiced by respondent No. 1 or respondent No. 7, or that it was issued without application of mind by the Ministry of Environment and Forests. It is submitted that a report of experts was obtained when the proposal was sent to the Government of India, and in this connection, reference is made to the report of Consulting Engineering Services ('CES', for short).

(1) The construction of the bridge is not likely to create any adverse condition along the coast, and (2) The 1.2 Km long bridge opening is not likely to cause any reduction in the tidal flow through Mahim Creek, and hence it is not expected to have any adverse effect on the discharge and dispersion of pollutants from Mahim Creek into the bay.

13. It is further stated that Environment Impact Assessment Studies were carried out by MMRDA through M/s. C.E.S. (I) Pvt. Ltd. in the year 1992. The study concluded that the said project is necessary for relieving the congestion in Mumbai, and also to improve the efficiency of the transport system by reducing the fuel consumption and travel time, and it was recommended that the project may be taken up at the earliest, as it will go a long way for relieving congestion along the Western corridor and for reducing pollution from vehicles. The Techno Economic Feasibility Report was submitted to the Ministry of Environment and Forests by MMRDA along with the application for clearance of the project. The said report also referred to Dr. C.V. Kulkarni's opinion, and, therefore, it is submitted that his views were also taken into account while preparing the report. It is submitted that as required, Environment Impact Assessment Studies were carried out, which are a part of the Techno Economic Feasibility Study done by M/s. C.E.S. in the year 1992. The allegation that the execution of the project was being done in a manner violating the terms and conditions of the letter granting approval has been denied. It is stated that the allegation regarding destruction of mangroves on the northern side of Mahim Bay by dumping debris or rubble or blocking the mouth of Mahim Causeway is false. On the contrary, there were no mangroves at the reclamation site, and in proof thereof, a photograph of this area taken earlier in 1993 appearing in the magazine issued by Taj confirming this fact was referred to. It is further submitted that respondent No. 1 has not exceeded the permitted limits of reclamation. It is explained that the work of reclamation of 22.2 Ha. was included in the sanctioned land use proposal for Bandra-Kurla Complex, and it was to be carried out earlier by the Mumbai Municipal Corporation or Mumbai Housing Board. An additional area of 4.7 Ha. was shown in the proposal submitted to the Government of India, Ministry of Environment and Forests, for which approval was received on 7th January, 1999. Later, the Ministry of Environment and Forests, by letter dated 26th April, 2000, has approved the reclamation of 27 Ha. It is, therefore, explained that the reclamation is not in excess of the permissible limit. It is also denied that respondent No. 1 had destroyed the mangroves or encroached on the wetlands. It is also denied that there is any illegal quarrying or illegal reclamation or any change in the project profile as alleged. The allegation made to the effect that the project is ecologically disastrous or injurious to public interest is stoutly denied. Respondent No. 1 has also annexed to its affidavit-in-reply its affidavit filed in reply in Writ Petition No. 3030 of 1999. In that affidavit also, it was stated that MMRDA through their Consultants M/s. C.E.S. (India) Pvt. Ltd. carried out feasibility study of Bandra-Worli Sea-Link Road in the year 1992. The study was envisaged to carry out a detailed feasibility study on economic, financial, environmental and legal issues for constructing Worli-Bandra Sea-Link Road to alleviate the congestion on Western Corridor. The proposal was submitted by MMRDA to the Ministry of Environment and Forests on 10th June, 1993, along with the Techno-Economic Feasibility Report prepared by the said Consultants in October 1992 for environmental clearance. In order to obtain views of the local NGOs and citizen groups regarding the Bandra-Worli Sea-Link Project, seminars were held on 30th November, 1993 and 20th January, 1994, and the subject was discussed at length, and representatives from Bombay Natural History Society, Bombay Environmental Action Group, Society for Clean Environment, Western India Automobiles Association, Save Bombay Committee, Indian Heritage Society, etc., attended the seminars. The project consists of:---

17. Mr. Kalsekar, appearing on behalf of the petitioners in Writ Petition No. 348 of 2000, submitted that the Bandra-Worli Sealink Project was not in accordance with the Final Revised Development Plan of H(W) and G(N) Wards drawn up in accordance with the provisions of the MRTP Act. In the writ petition, there is a clear statement that a draft of the Revised Development Plan of H(W) Ward and G(N) Ward was published in the year 1984, inviting objections and suggestions from members of the public. The plan included West Island Freeway going from the middle of the bay between Bandra's ancient fort and Mahim Fort. There is also clear averment that on 7th May, 1992, the Maharashtra Government sanctioned the Revised Development Plan under the MRTP Act, and this included the West Island Freeway. In view of these factual averments in the writ petition, it is difficult for the petitioners to contend that the Revised Development Plan did not sanction the impugned project which was a part of the West Island Freeway. Mr. Sawant, Counsel appearing on behalf of respondent No. 1, drew our attention to paragraph 5 of the affidavit of respondent No. 1, MSRDC, wherein it has been stated that the said project was included in the sanctioned planning proposal of Bandra-Kurla Complex, and was also included in the CZM Plan, which had been granted approval by the Ministry of Environment and Forests, Government of India. The petitioners in Writ Petition No. 3030 of 1999 also admitted that the Bandra-Worli Sea-link Project forms part of the proposed Western Freeway. Mr. Sawant also drew our attention to the affidavit of Debi Goenka filed on behalf of respondent No. 12 annexing a copy of his letter dated 8th September, 1998, in which he has stated that the Bandra-Worli Sea-Link Project is a part of the West Island Freeway. Similarly, the affidavit-in reply filed on behalf of the State Government stated that land use proposals submitted by MMRDA, and approved by the Government of Maharashtra in 1979, contain a proposal for development of Block A wherein the solid approach road is included. In Writ Petition No. 1575 of 2000, the petitioner, Bombay Environment Action Group, has itself averred that this project is an integral part of earlier project that provided an alternative road access from Bandra all the way to Nariman Point. The Bandra-Worli Sea-link Project is one segment of this plan.

24. The grievance of the petitioners is that even so, the Government of India, before granting environmental clearance, should have considered all aspects of the matter. Full and complete information was not furnished to the Government of India, and the environmental clearance was obtained, which was granted by the Government of India without application of mind. On the other hand, Counsel for the contesting respondents contend that serious thought was bestowed on the problem facing the citizens arising out of traffic congestion on the road linking Bandra and South Bombay. It is not as if a proposal was made to the Government of India without first studying the problem in great depth. As early as in the year 1983, detailed Hydraulic Model Studies were carried out for the proposed project in Bandra and Worli by the Central Water and Power Research Station (CWPRS), a Government of India undertaking. CWPRS addressed itself to the ecological effects of the reclamation, and the alleged adverse effect of the reclamation. In accordance with the CRZ notification dated 19th February, 1991, the State Government prepared a Coastal Zone Management Plan, and the same was submitted to the Government of India. After examining the report, the Government of India approved the said Coastal Zone Management Plan by its letter dated 27th September, 1996. The Worli-Bandra Sea-link with a bridge between Worli and Bandra is a part of this project. The said Coastal Zone Management Plan was approved by the Government of India on 27th September, 1996, subject to certain conditions and modifications mentioned therein, none of which relate to Bandra-Worli Sea-link. The Coastal Zone Management Plan clearly indicated that the project consisted of solid approach road and land filling on Bandra side approach. Land filling of about 22.2 Ha was included for the road alignment for the approach road on Bandra side, including filling the narrow ditch of about 60-90 metres between the road and the then existing shoreline which had been shown in the sanctioned Development Plan for the Bandra-Kurla Complex. The Coastal Zone Management Plan was sanctioned by the Government of India, Ministry of Environment and Forests, after taking into consideration all these facts. In the year 1992, Environment Impact Assessment Studies were carried out by MMRDA through M/s. C.E.S. (I) Pvt. Ltd. The study concluded that the said project was necessary for relieving the congestion in Mumbai, and also to improve the efficiency of the transport system by reducing the fuel consumption and travel time, and it was recommended that the project may be taken up at the earliest, as it will go a long way for relieving congestion along the Western corridor and for reducing pollution from vehicles. The Techno Economic Feasibility Report was submitted to the Government of India by MMRDA along with the application for clearance of the project.