M/S. Friends Vitaille Pvt. Ltd. v. Union Of India Through Secretary, Ministry Of Environment And Forest And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PRACHI PRANESH NANDIWADEKAR Date: 2024.04.05 13:11:25 +0530 CIVIL APPELLATE JURISDICTION PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.7975 OF 2023 Friends Vitaille Private Limited .. Petitioner

Versus

Union of India & Ors.

.. Respondents --- Mr.D.R. Singh a/w Mr.S.H. Singh i/by Mr.R.B. Singh & Associates for the petitioner.

Smt.R.A.Salunkhe, AGP for respondent-State.

---- CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE : 3rd April 2024 P.C.:- .

The petitioner-Company incorporated under the Companies Act, 1956 claims to have been allotted dealership for setting up Fuel Refilling Station at the land taken on lease bearing Survey No.112, Hissa No.4, Sasunavghar, Taluka Vasai, District Palghar. It is required to obtain necessary permission from the Planning Authority-respondent no.3. An application to that effect is stated to have been made in March 2023. In this writ petition, the petitioner prays that the application made to respondent no.3 be directed to be considered. 2.

Considering the limited nature of relief sought, the following directions would serve the ends of justice :- (a) The petitioner is permitted to make a fresh application to respondent no.3 seeking grant of No Objection Certificate to enable it to commence construction activities. Along with the said application, all necessary documents in support of the

ppn 2 20.wp-7975.23.doc petitioner's case can be submitted to the respondent no.3. (b) If such application is submitted, the respondent no.3 shall consider the same in accordance with law and the prevailing Regulations within a period of eight weeks of receipt of such application. The decision taken be communicated to the petitioner.

3.

The writ petition is disposed of in aforesaid terms. The petitioner to serve a copy of this order on respondent no.3. JITENDRA JAIN, J.

A.S. CHANDURKAR, J.