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Should not ask the developing countries to halt construction projects due to climate change when developed countries are primarily to blame - SC

Feature Image for the blog - Should not ask the developing countries to halt construction projects due to climate change when developed countries are primarily to blame - SC

Case: Municipal Corporation of Greater Mumbai vs Worli Koliwada Nakhwa Matsya Vyavasay Sahakari Society Ltd and ors
Bench: Justices DY Chandrachud and Hima Kohli

In a recent ruling, the Supreme Court ruled that it was inappropriate to halt construction projects in developing countries due to climate change when developed countries are primarily to blame.

A bench made the statement while hearing a plea by the Greater Mumbai Municipal Corporation seeking approval to carry out land reclamation for the Coastal Road project to construct parks, gardens, promenades, etc., along the highway project.

In the present case, the Bombay High Court's order stayed the development work for the project. Therefore, the corporation moved to the top court as an appeal. Senior Advocate Colin Gonsalves, representing the respondents, contended that the entire stretch would be underwater in a few years. To which Justice Chandrachud replied,
"It is a question of civilisation. How can we say India should stay frozen as a largely rural or semi-rural (country), and stop development."
Despite the fait accompli in this case, Gonsalves said it is important not to allow such breaches of coastal regulatory zone norms.

Solicitor General Tushar Mehta for the corporation and Senior Advocate Darius Khambata for the Mumbai Metro said the arguments raised were exaggerated and could be rebutted point by point in a normal hearing.

In its decision, the Bench allowed the development works as requested, subject to conditions imposed by the respondents but denied permission for an amusement park to be built along the coastal road. The petitioner was further directed to implement the rehabilitation plan for affected fishermen within four weeks.