Jsw Steel Ltd. v. Union Of India Thru Ministry Of Environment , Forest Climate Change, And ORS

(13) WP 1643-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 1643 OF 2019 JSW Steel Ltd.

.. Petitioner Vs.

Union of India & Ors.

.. Respondents Mr. Milind Sathe, Senior Advocate a/w. Mr. Saket Mone, Mr. Subit Chakrabarti and Mr. Abhishek Salian i/b Vidhi Partners for the Petitioner.

Ms. Sharmila U. Deshmukh for Respondent No.2. Mr. A. A. Kumbhakoni, Advocate General a/w. Mr. P. P. Kakade, Govt. Pleader, Ms. Nisha Mehra, AGP for Respondent Nos.3 & 4-State. Mr. Rui Rodrigues a/w. Mr. N. R. Prajapati for Respondent No.1-UOI. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 15 th OCTOBER, 2019.

P. C. :

1.

The Petitioner is constrained to file the Petition in view of orders passed in Public Interest Litigation No. 87 of 2006 requiring permissions to be granted from the Court if for any kind of development work mangroves were to be felled. The Writ Petitioner intends to lay a road on private land. The road is a private road. A bridge needs to be constructed on a creek and falls within 50 meters buffer zone requiring permission from the MCZMA in terms of CRZ notification of the year 2011. The State level Environmental Impact Authority has appraised the project and on 16.09.2019 has accorded the approval putting a condition therein that no mangrove is to be felled. 1/2

(13) WP 1643-19.doc MCZMA granted the necessary recommendations on 13.07.2019. 2.

In that view of the matter, we dispose of the Petition permitting the Petitioner to execute the works by erecting the bridge but while doing so the Petitioner would comply with the terms on which the permission has been accorded by the 2nd Respondent in its meeting dated 15.07.2019.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] 2/2