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2. Three broad issues are urged in PIL No.218 of 2013. The first is regarding large scale destruction of mangroves though mangrove areas have been classified as protected forest. It is pointed out that there are instances of burning of mangroves or destruction of mangroves by dumping of construction waste or other debris. The second issue is of protecting the mangroves which are classified as forest. The third issue is about the protection of wetlands in Navi Mumbai. It is pointed out that wetlands are adversely affected by dumping activities undertaken in a systematic and deliberate manner. The specific issues raised in PIL No.218 of 2013 concern two lakes in Navi Mumbai. The first is called as DPS Lake behind Delhi Public School in Sector-52 of Nerul, Navi Mumbai. It is alleged that it is a natural wetland of having an area of about 30 acres which surrounded by mangroves. What is pointed out is that for diverse reasons such as dumping of garbage and construction debris over the lake as well as adjoining mangroves, the DPS Lake is being destroyed. The other lake subject matter of this petition is located in Sector-34 of Navi SKN 5/85 218.13-pil--.doc Mumbai behind Indian Maritime University (also known as T.S.Chanakya) on Palm Beach Road. It is hereafter referred as second lake. It is pointed out that this lake is also facing the same difficulties. By amending the petition, one more challenge has been incorporated in PIL No.218 of 2013. The said challenge is to the notification dated 5th October 2016 (for short "the impugned notification") issued by the Government of Maharashtra through its Urban Development Department. A development plan for Navi Mumbai was sanctioned by the State Government by notification dated 18th August 1973 read with the notification dated 18 th January 1980 with effect from 1st March 1980. The plan was sanctioned in exercise of powers under section 31 of the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act"). The draft development plan was prepared by the City and Industrial Development Corporation Limited (for short "CIDCO") which was appointed as the New Town Development Authority for the area comprised in Navi Mumbai in exercise of powers under sub-section 3(A) of section 113 of the MRTP Act. It is also a Special Planning Authority within the meaning of the MRTP Act. The process of modification of the sanctioned development plan of 1980 was commenced in the year 2002 by a notification dated 27 th June 2002 published in the Government Gazette dated 18th July 2002. The modification was initiated in respect of the three land pockets in Karave village described therein as pockets A, B and D . Pocket-A consists of an area 20 Hectares which is on the West of NRI Housing Scheme in Karave village. Pocket-C consists of an area of 47 Hectares which is at West of proposed golf course and South of village Karate. Pocket-D is having an area of 0.85 Hectares which on the West of proposed CIDCO Officers' Club and East of SKN 6/85 218.13-pil--.doc CRZ boundary in Karave village. The proposal was to remove the said three pockets from No Development Zone in the sanctioned development plan and to put first two pockets in Regional Park Zone and the third one into predominantly Residential Zone. The reason for the proposed change in pocket A was to facilitate development of golf course and to make it economically viable. The reason for the proposed change in pocket B was to provide complimentary activities related to golf course. The reason for the proposed change in pocket D was to make the golf course viable. By the impugned notification dated 5th October 2016, the proposed modification of the development plan in respect of two pockets described as Pockets-A and D was approved and sanctioned by the State Government. The proposal regarding the pocket C was kept in abeyance. While sanctioning the said modification by including Pocket-A as Regional Park Zone, a condition was added that development will be permissible only after prior approval of the Maharashtra Coastal Zone Management Authority (for short "MCZMA").

23. Thereafter, the learned senior counsel made submission on the scheme of CRZ Notifications of 1991 and 2011. He submitted that there is no complete embargo on all developmental activities in CRZ areas. He urged that regulation of activities in CRZ areas cannot entail prohibition on such activities. He invited our attention to the General Development Control Regulations for Navi Mumbai, 1975 (for short "the said DCR"). He pointed out that Regulation 14 divides Navi Mumbai into various zones. He invited out attention to Regulation 14.4.7 which provides for permissible land uses in No Development Zones which include promenades, gardens, parks and play fields. He, therefore, submitted that de hors the notification dated 5th October 2016 and change of zones permitted thereunder, the activity of golf course is a permitted activity. He urged that a map prepared by the Maharashtra Remote Sensing Application Centre shows that there are no mangroves on Pocket- A land and mangroves are beyond HTL towards seaward side. He submitted that even on Pocket-D, there are no mangroves. He submitted that Pocket-A is towards landward side of HTL and is partly affected by CRZ-II area and Pocket-D which is located on the landward side of Pocket- A is not affected by CRZ. He submitted that the reports dated 6 th April 2018 and 26th April 2018 submitted by the authorities as per the orders of the Court show that there is no destruction of mangroves on both the pockets.
5. Pocket D has been kept in predominantly Residential Zone by the said notification which was earlier in "No Development Zone" and it was Salt Pan. The area is continuous with pocket A and a burn divides A and B. The current inspection shows that at present the area is low lying and contains tidal water. Sparse mangroves are seen on the fringes. A number of birds, including flamingos visit the area. It is a water body as per the map and as per field observation."

45. We have perused the agenda note of 435 th meeting of the Board of Directors of CIDCO held on 9 th May 2002 which proposes modification of the development plan. It is stated in the introduction that CIDCO has SKN 70/85 218.13-pil--.doc envisaged golf course as a value addition project as well as a city level facility in Navi Mumbai and hence it is included as a part of "Advantage Maharashtra" Projects. It is stated that the area identified for the golf course forms part of Regional Park Zone and No Development Zone. It is stated that in the No Development Zone of Greater Mumbai, golf course is a permitted activity. It is stated that prospective developers will come forward to develop golf course provided the project is made economically viable and, therefore, it is proposed that residential construction activity has to be permitted and that is why the two pockets admeasuring 20 hectare and 0.85 hectare were proposed to be converted from No Development Zone into Regional Park Zone and Predominantly Residential Zone respectively. What is material is that the said note does not refer to the fact that both the pockets are water bodies and they are frequented by migratory birds. The agenda note will show that the decision of proposing change of development plan was taken mainly for commercial reasons. There is no greater public interest reflected from the agenda note for converting the water bodies in No Development Zone into a golf course and a residential complex. There is no affidavit filed to show that golf course is necessary for public good. The residential complex proposed in pocket D is only to make golf course economically viable. It is for purely commercial reasons. It is not the case of the Respondents that they are going to create water bodies elsewhere to compensate for the destruction of water bodies in pockets A and D. Thus, apart from the lakes in Navi Mumbai, applicability of doctrine of public trust enjoins the State Government and its agencies and instrumentalities to protect the water bodies covered by Pockets-A and D. Thus, the public trust doctrine SKN 71/85 218.13-pil--.doc will have to be invoked for protecting the lakes in Navi Mumbai and for the said pockets-A and D.