The Bombay High Court has taken note of a Public Interest Litigation (PIL) filed by the Conservation Action Trust, calling for a comprehensive carrying capacity survey of Mumbai to balance urban growth with environmental sustainability.
The petition stresses the need to assess whether Mumbai’s current infrastructure and environment can bear further development without causing lasting damage. The concept of carrying capacity refers to the highest number of people an area can support using its available resources in a way that does not harm the environment permanently.
In response to the petition, a division bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik has issued notices to the State Government, the Brihanmumbai Municipal Corporation (BMC), the Maharashtra Pollution Control Board (MPCB), and the Central Pollution Control Board (CPCB).
"The only way to ensure that development is truly sustainable is to base it on the assimilative capacity of both the natural and built environment," the petition submitted by Conservation Action Trust states.
Read Also:- Presumption Under Section 16 HAMA Requires Signature of Both Parties to Adoption Deed: Bombay High Court
According to the PIL, a carrying capacity-based approach evaluates the current condition of an area—looking at infrastructure, environmental quality, and ecological impact—to determine whether additional development is feasible.
The petitioner has referred to a working paper by IIT Guwahati which defines carrying capacity as “the maximum number of people an area can support through the optimum utilization of resources without causing irreversible harm.”
It has been argued that unchecked development can lead to a number of serious issues including environmental degradation, overburdened infrastructure, and a drop in quality of life for residents.
The petition also draws attention to the Maharashtra Regional and Town Planning Act, which is the key legislation regulating urban development in the state. Additionally, it references the Development Control and Promotion Regulations (DCPR) 2034, which govern planning in Greater Mumbai.
"The Development Control Regulations 2034 have raised the maximum permissible Floor Space Index (FSI) for construction projects without carrying out any carrying capacity studies to assess whether such development can be sustained," the PIL highlights.
Read Also:- Bombay High Court Issues John Doe Order to Stop Sale of Fake ‘Closeup’ and ‘Pepsodent’ Products
The petitioner points out that large-scale construction projects are being approved and implemented without adequate assessment of their environmental and infrastructural impact. It is further stated that the absence of carrying capacity consideration in the DCPR 2034 is a significant policy gap.
The PIL emphasizes that internationally, carrying capacity assessments have been used as a multidisciplinary planning tool. These studies incorporate environmental, ecological, social, and economic factors to ensure that development does not outstrip the region’s ability to support its population.
The PIL also invokes Article 21 of the Constitution of India, arguing that unregulated development that negatively affects health, well-being, and the standard of living amounts to a violation of the fundamental right to life.
"Development beyond the environmental carrying capacity violates the right to life under Article 21 of the Constitution," the petition contends.
Read Also:- Bombay High Court Dismisses PIL on Fear of Coercive Action Over Sharing Kunal Kamra’s Comedy Clip
The petition urges the court to direct the State Government to carry out a detailed and comprehensive carrying capacity survey for Mumbai. The suggested study should consider a wide range of factors including air quality, transportation, drainage, sanitation, waste management, construction activities, and the impact of climate change.
The matter has now been placed before the concerned authorities for their response.
Case Title: Conservation Action Trust vs. State of Maharashtra
