Intervet India Pvt. Ltd. Through Its Duly Constituted Attorney And Authorised Signatory v. Union Of India Through Ministry Of Environment And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13459 OF 2018 Intervet India Private Limited ... Petitioner V/s.
Union of India & Ors.
... Respondents Mr. Atul Damle, Senior Advocate a/w Aditi Rajput i/b Abhay Nevagi & Associates for the Petitioner. Mr. Parag Vyas a/w Pranil Sonawane for Respondent No.1.
Mr. S.H. Kankal, AGP for Respondent Nos. 2 to 7. CORAM: K.K.TATED, & SARANG V. KOTWAL JJ.
DATE : 26th FEBRUARY 2020 P.C.
Heard learned Counsel for the parties.
The learned Senior counsel for the Petitioner submits that by this petition under Article 226 of the Constitution of India, the Petitioner is seeking direction against Respondent No.2 to take action as contemplated under Forests (Conservation) Rules 2006 in time bond manner in reference to the Petitioner's application dated 24.07.2018 for deforestation of the said land admeasuring 105 H 52 R, Gat No. 136, village - Manjiri(Kh.) Taluka : Haveli, Dist. Pune The learned Senior counsel for the Petitioner submits that State Government fled their Afdavit-inReply dated 12.12.2019 afrmed by Vaibhav Sharad Bhalerao working as Assistant Conservator of Forest 1/3
Pune Forest Division, Pune stating that they already forwarded Petitioner's proposal dated 19.08.2019 to the Central Government for their approval. He relies on paragraph 3 of the said Afdavit-in-Reply, which reads thus:
" 3. I state and submit that, M/s. Biovet india Pvt Ltd. has fed a proposal on 19.08.2019 for diversion of the Survey No. 27 Gut No. 136 admeasuring 11.58 H. The said land on the basis of Memorandum of understanding with the Petitioner and Authority letter in favour of Biovet. The said proposal was forwarded by the Deputy Conservator of Forest, Pune to Chief Conservator of Forest (T), Pune for further needful action."
The learned Senior Counsel for the Petitioner submits that Union of India may be directed to decide their proposal as early as possible on its own merits. Considering the submissions made by the learned Senior counsel for the Petitioner and the Afdavit-inReply fled by the State Government dated 12.12.2019, nothing survives in the present writ petition because the State Government has already forwarded the Petitioner's proposal to the Central Government for their approval as per procedure prescribed in the Forests Act. Union of India to decide the same as early as possible. In view of this fact, the following order is passed: 2/3
a) Union of India to decide the proposal dated 31.10.2019 forwarded by the Sate Government in respect of the suit land as early as possible. b) Writ Petition is disposed of with these directions.
(SARANG V. KOTWAL, J.) (K.K.TATED, J.) 3/3