Maharashtra Coastal Zone Management Authority v. Vanashakti Public Trust And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1043 OF 2017 IN WRIT PETITION NO. 7393 OF 2016 Maharashtra Coastal Zone Management Authority ...
Applicant V/s.
Vanashakti Public Trust & others ...
Respondents Mr. Milind Sathe a/w. Mr. Parimal Shroff, advocate D.V. Deokar, advocate Sachin Pandey, advocate Jasmine Upadhye, advocate Sara Ahmed, Advocate Priyanka Saraswat i/b. Parimal K. Shroff & co. for the applicant.
Mr. Zaman Ali for respondents 1 and 2 in wp 7393/16 and in civil application.
CORAM :
NARESH H. PATIL AND SMT. BHARATI H. DANGRE, JJ.
12th June, 2017.
P.C.
Learned Counsel appearing for the applicant has referred to orders passed by Division Bench of this Court (Coram: V.M. Kanade and M.S. Sonak, JJ) dated 4th July, 2016 and 15th July, 2016 and order dated 21st December, 2016 (Coram: V.M. Kanade & Ms. Nutan D. Sardessai, JJ). It
2/4 is submitted that invitations for suggestions and objections of draft Coastal Zone Management Plans (In short 'CZMPs') of Mumbai City, Mumbai Suburban, Raigad and Ratnagiri districts have been called on 29th March, 2017. In case of Thane and Sindhudurg district, the draft CZMPs from National Centre for Earth Science and Studies are yet to be received. After receipt of plans further steps will be taken. Learned Counsel submits that further extension was granted earlier for preparation of the plans as required for Sindhudurg and Thane districts. The Counsel, therefore, prays for necessary orders. 2.
Counsel appearing for Maharashtra Coastal Zone Management Authority (in short 'MCZMA') submits that a Special Leave Petition has been filed against order passed by this Court dated 4th July, 2016. By an order dated 31st March, 2017, the Apex Court passed following order:- "
Heard Mr. Colin Gonsalves, learned Senior counsel appearing for the petitioners and Mr. Mukul Rohatgi, learned Attorney General for India appearing for the respondents. It is informed by the learned Attorney General that notification has already been issued on 29-3-2017, objections are being invited therein and the same will be finalized according to the Statute.
3/4 On the prayer made by the learned Attorney General, the matters are adjourned to the month of July, 2017. In the meantime, learned Attorney General is requested to take appropriate steps in the matters and place the Status Report on the next date of hearing." 3.
The Counsel submits that a time bound programme is required to be set down so that the applicant-MCZMA takes necessary steps accordingly. The Counsel expressed concern on applications filed by Builders and Developers for processing their plans based on 1996 maps which have to undergo number of changes. Learned Counsel submits that pursuant to earlier order dated 21st December, 2016, Compliance Report dated 10th April, 2017 was filed.
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Perused the record placed before us. Considered the submissions. We grant six months time effective from 31st March, 2017 for preparation and finalisation of draft CZMP for Sindhudurg and Thane District. We expect the applicant to abide by the Schedule and further status report shall be placed on record.
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Civil Application is accordingly disposed of. (SMT. BHARATI H. DANGRE, J) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.