Mumbai, a metropolis grappling with burgeoning population and infrastructural strain, has come under the judicial scanner.
Responding to a public interest litigation (PIL) filed by the Conservation Action Trust (CAT), the Bombay High Court has issued significant notices to key governing and regulatory bodies, including the Maharashtra government, the BrihanMumbai Municipal Corporation (BMC), the Maharashtra Pollution Control Board (MPCB), and the Central Pollution Control Board (CPCB). The PIL urgently calls for a comprehensive ‘carrying capacity survey’ to be conducted for the city, aiming to address the escalating conflict between ambitious urban development plans and the imperative of environmental sustainability. The concept of ‘Carrying Capacity’ refers to the maximum population or level of activity that a particular area can support without experiencing significant environmental degradation or a decline in the quality of life for its inhabitants. The petition filed by CAT argues that for development to be truly sustainable in the long run, it must be intrinsically linked to the ‘assimilative capacity’ of both the natural and the built environment. A carrying-capacity-based development model provides a framework for meticulously assessing the existing environmental resources and infrastructural capabilities of a region to determine its resilience to further stress and, crucially, to quantify the extent to which additional development can be absorbed without causing irreversible harm.
CAT’s petition specifically takes aim at the BMC’s Development Plan 2034, alleging that it has substantially liberalised the permissible Floor Space Index (FSI) – a crucial metric that dictates the amount of construction allowed on a given plot of land – without the foundational understanding that would be provided by rigorous carrying capacity studies. The petitioners argue that this unchecked increase in permissible construction density risks overstretching the city’s already strained resources and exacerbating environmental challenges. The PIL further underscores the multifaceted risks associated with development that outpaces an area’s carrying capacity. Beyond the immediate health-related risks that arise from living in densely populated areas with overstretched infrastructure and compromised environmental quality, the petition highlights the heightened vulnerability of communities in ecologically sensitive zones to the increasingly severe impacts of climate change. Unplanned and excessive development can disrupt natural drainage patterns, encroach upon vital green spaces, and exacerbate the risks associated with extreme weather events, thus jeopardising the safety and well-being of Mumbai’s residents.
After carefully considering the arguments presented by the counsel representing CAT, the division bench of Chief Justice Alok Aradhe and Justice MS Karnik articulated the critical importance of conducting a thorough survey to comprehensively analyse Mumbai’s carrying capacity. The bench further noted that the findings of such a study must be given due consideration during the formulation and sanctioning of Mumbai’s subsequent development plans. This judicial observation underscores a growing recognition of the need to integrate environmental considerations into the very fabric of urban planning and policymaking. The Bombay High Court’s issuance of notices to these key authorities marks a significant step towards a more holistic and environmentally conscious approach to urban development in Mumbai. The outcome of this PIL and the subsequent actions taken by the government and civic bodies will have far-reaching implications for the future sustainability and liveability of one of India’s largest and most dynamic metropolises. The case highlights the increasing urgency of balancing economic growth with environmental stewardship to ensure the long-term well-being of both the city and its inhabitants, setting a potentially crucial precedent for urban planning across the nation.
Bombay HC Questions Mumbais Development Limits
