Amendments to the Notification no. S.O. 114 Dated, 19th February, 1991

Ministry : Ministry of Environment and Forests

Notification No :SO1243(E)

Date of Notification : 15.05.2009

Date of Publication : 15.05.2009

Amendments to the Notification no. S.O. 114 Dated, 19th February, 1991

S.O.1243(E).--Whereas, by the notification of the Government of India in the Ministry of Environment and Forests number S.O.114(E), dated the 19th February, 1991, (hereinafter referred to as the said notification), the Central Government declared Coastal Stretches as Coastal Regulation Zone and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said Zone;

And whereas, it has been brought to the notice by the Ministry of Civil Aviation that the Chhatrapati Shivaji International Airport, Mumbai would get saturated by 2013 with forty million passengers per annum and in view of special circumstance prevalent at the said Airport, the Mumbai city needs a second airport;

And whereas, the Government of Maharashtra has constituted a site selection Committee on the 24th November, 1997 which found the Navi Mumbai site with two runways more suitable out of the three sites considered and the State Government has about eighty per cent of the land at Navi Mumbai in its possession with City and Industrial Development Corporation of Maharashtra Limited and at the proposed site there is peripheral physical and social infrastructure already existing and geographically the proposed site is centrally located and the travel time by road to the proposed airport is as per the international norms;

And whereas, it has been informed by City and Industrial Development Corporation of Maharashtra Limited, Government of Maharashtra that the proposed airport site falls in Coastal Regulation Zone- I(i), I(ii), III and water area as per the approved Coastal Zone Management Plan of Maharashtra and the proposed airport would require reclamation of some parts of creeks and low lying areas abutting Panvel creek and Vhagiwali Island;

And whereas, the Hon'ble High Court, Mumbai, in its Order dated the 29th April, 2009 in Notice of Motion No. 116 of 2009 in Public Interest Litigation No. 87 of 2006, has observed as under:--

"5. We do not find any where that any authority has been vested by this Court's order to exercise its statutory functions and powers, and the builder is restrained by order dated 6th October 2005 from construction within certain areas. That question may not arise at present.

6. Therefore, we observe that this Court's order dated 6th October, 2005 does not restrict power of any authority to exercise its statutory power in accordance with law. This Notice of Motion is made absolute with these observations.";

And whereas, in addition to the above, the Central Government has decided to consider the proposal for developing green field airport at Navi Mumbai in the coastal areas without compromising environmental considerations;

And whereas, the Central Government is of the opinion that a second airport is required for Mumbai in public interest in large and the site at Navi Mumbai can be taken up for construction of the second airport;

And whereas, the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification;

And whereas, sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that, "Notwithstanding anything contained in sub-rule (3), whenever it appears to the Central Government that is in public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of the said rules";

And whereas, the Central Government, in view of special circumstances prevalent at the Chattrapati Shivaji International Airport, Mumbai, is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) sub-rule (3) of rule 5 for amending the said notification;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of Section 3 and Section 6 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following further amendments in the notification of the Government of India in the Ministry of Environment and Forests number S.O.114(E), dated the 19th February, 1991, namely:--

(a) In the said notification, in paragraph 2, in sub-paragraph (i), after the proviso, the following proviso shall be inserted, namely:--

"Provided further that the development of green field Airport at Navi Mumbai shall be undertaken subject to detailed scientific study for incorporating adequate environmental safeguard measures required for neutralising damage to coastal environment as may be appropriate to the Navi Mumbai region;"

(b) in the Annexure to the said notification :--

(i) in the entries under heading CRZ-I, after the item (f), the following item shall be inserted, namely :--

"(g) development of green field airport and related activities at Navi Mumbai.";

(ii) in the entries under heading CRZ-II, after the item (ie), the following item shall be inserted, namely:--

"(if) development of green field airport and related activities at Navi Mumbai".

(iii) in the entries under heading CRZ-III, after the item (v), the following item shall be inserted, namely:--

"(vi) development of green field airport and related activities at Navi Mumbai

[F. No. H-11011/6/97-IA-III]

Dr. NALINI BHAT, Scientist 'G'

Note : The principal notification was published in the Gazette of India vide number S.O.114(E), dated the 19th February, 1991 and subsequently amended vide notifications:--

1. S.O.595(E), dated the 18th August, 1994

2. S.O.73(E), dated the 31st January, 1997

3. S.O.494(E), dated the 9th July, 1997

4. S.O.334(E), dated the 20th April, 1998

5. S.O.873(E), dated the 30th September, 1998

6. S.O.1122(E), dated the 29th December, 1998

7. S.O.998(E), dated the 29th September, 1999

8. S.O.730(E), dated the 4th August, 2000

9. S.O.900(E), dated the 29th September, 2000

10. S.O.329(E), dated the 12th April, 2001

11. S.O.988(E), dated the 3rd October, 2001

12. S.O.550(E), dated the 21st May, 2002

13. S.O.1100(E), dated the 19th October, 2002

14. S.O.52(E), dated the 16th January, 2003

15. S.O.460(E), dated the 22nd April, 2003

16. S.O.635(E), dated the 30th May, 2003

17. S.O.636(E), dated the 30th May, 2003

18. S.O.563(E), dated the 24th June, 2003

19. S.O.838(E), dated the 24th July, 2003

20. S.O.86(E), dated the 25th January, 2005

21. S.O.451(E), dated the 26th March, 2007