Angel Construction Company v. The State Of Maharashtra And 3 ORS.

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916-wpl-498.2015.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 498 OF 2015 M/s. Angel Construction Company ... Petitioners

Versus

The State of Maharashtra and Ors.

... Respondents Mr. Aniruddha Joshi, Mr. Viraj Maniar along with Mr. Nakul Jain i/by Maniar Srivastava Associates for the petitioners. Ms. T.H. Puranik for respondent B.M.C.

Ms. Sharmila Deshmukh, for respondent MCZMA.

Mr.H.S. Venegaonkar, A.G.P. For respondent State. CORAM : MOHIT S. SHAH, C.J. & B.P. COLABAWALLA,J.

DATE : 25 FEBRUARY, 2015 P.C.

Earlier the petitioner's proposal sent to the Maharashtra Coastal Zone Management Authority (MCZMA) was rejected at the meeting of MCZMA held on 15th May, 2012 on the ground that the industrial activities were not allowed in CRZ areas. Petitioner now seeks to rely upon the report dated 30th March, 2012 and corrigendum dated 14th January, 2015 of the Institute of Remote Sensing, Chennai for the purpose of contending that the land in question now does not

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916-wpl-498.2015.sxw fall in CRZ area. The petitioner has accordingly made a representation dated 9th February, 2015 to MCZMA to that effect. 2.

We are of the view that this petition can be disposed of at this stage by directing MCZMA to consider and decide the petitioner's representation dated 9th February, 2015 in accordance with law as expeditiously as possible and preferably at the next meeting of MCZMA. MCZMA will consider the representation along with such material as the petitioner may produce before it. In case MCZMA takes the view that the land in question falls outside the CRZ area, then obviously the Municipal Corporation of Greater Mumbai will also consider the petitioner's application for development on that basis in accordance with law. The Petition is accordingly disposed of in terms of the above directions.

CHIEF JUSTICE (B.P. COLABAWALLA,J.)