The Bombay High Court, division bench comprising the Chief Justice and Justice Bharati Dangre, examined the conflict between urban development and environmental concerns.

Nagrik Chetna Manch challenged Pune Municipal Corporation’s decision to construct a road through Law College Hill, citing its ecological significance and classification as a deemed forest requiring prior clearance under the Forest (Conservation) Act, 1980.

The corporation defended its decision, stating the road was part of the 2017-2018 Development Plan and had followed due statutory procedure. It assured that necessary environmental clearances would be obtained before construction. The corporation relied on the case of In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors.

The Court observed that planning authorities, not public litigants, are best suited to assess infrastructure needs: “It is ultimately for the Planning Authorities like the Corporation to decide the necessity of construction of any road.”

The Court further emphasized that “...the aesthetic use and the pristine glory of the natural resources, the environment, and the ecosystems cannot be permitted to be eroded for private, commercial, or any other use, unless the Court finds it necessary, in good faith, for the public good and in public interest to encroach upon the resources.”

However, it reiterated that the decision-making process must remain within the domain of expert bodies: “...we definitely do not possess the necessary expertise for examining the same, which is actually done in the present case by the Expert Committee...”

Recognising the project’s potential benefits in easing traffic congestion, the court refused to stay its progress. It acknowledged that “the concerns expressed by the voluntary organizations opposing the construction of the road received due consideration and this also includes the concern expressed by the Petitioner.”

However, the Court directed the Corporation to secure all necessary approvals and determine whether the area qualifies as a deemed forest, stating, “...it will be for the appropriate authority to determine whether the area through which the road is passing is a 'deemed forest' and whether the proposed road is in public interest and for public good.”

Case Details: Nagrik Chetna Manch v. The Pune Municipal Corporation & Ors., PIL No.14/2022, Bombay High Court

• Ms. Anjali Helekar for the Petitioner.
• Mr. Abhijit P. Kulkarni with Mr. Shreyas R. Zarkar and Mr. Gaurav Shahane for Respondent Nos.1 and 2.
• Ms. Neha S. Bhide, Govt. Pleader with Mr. O.A. Chandurkar, Addl. Govt. Pleader and Ms. G.R. Raghuwanshi, A.G.P. for the Respondent Nos. 3 to 7.