Bombay High Court refuses to stay work on mid-sea Chhatrapati Shivaji Maharaj Memorial

The Bombay High Court on Friday, refused to grant stay on the ongoing construction of the proposed mid-sea, Chhatrapati Shivaji Maharaj Memorial.A division bench of Chief Justice Naresh Patil and Justice Girish Kulkarni, turned down the plea filed by NGO, Conservation Action Trust and a bunch of local fishermen, seeking to stay the construction. Their main contention for stalling the project, which the State has claimed to be of 'National importance' was two fold. A public hearing as mandated before giving a go-ahead for the construction was not conducted. The fishermen claimed due to the ongoing work and subsequent construction of the Shivaji Statute, fishing should not be stopped in designated zones.Both the petitions were opposed by the State and Union Government. It was argued that all necessary permission are obtained from the concerned authorities. The project is away from human habitation and there is no rehabilitation or re-settlement required.The bench after going through the notifications issued by the Central Government under the Environment Protection Act, noted that objection and suggestions were called by the government, after publishing the draft notification for the statute. Accordingly those were incorporated in the final notification issued in the year 2015.As regards, to the fishermen's objection, the bench said "The Navy had in its report only expressed caution and it does not alter the Environment clearances granted for the project. We are thus not impressed with the submission, We are thus, not impressed with the submissions as urged on behalf of the petitioner that there is some illegality and this can be a ground for stay of the on-­going project."