The Bombay Environment Action Group v. The State Of Maharashtra And ORS And City And Industrial Development Cor. (Applicant)

nmwl171 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L)NO.171 OF 2018 IN PUBLIC INTEREST LITIGATION NO.87 OF 2006 City & Industrial Corporation of Maharashtra Limited ...Applicant In the matter between Bombay Environment Action Group and another

...Petitioners

vs.

The State of Maharashtra & Ors.

...Respondents

Mr. G.S.Hegde a/w Mr.C.M.Lokesh for the applicant Ms Gulner Mistry i/b M/s.M.V.Jayakar and Partners for the petitioners Ms Sharmila Deshmukh for the respondent-MCZM Ms Geeta Shastri, Addl.G.P for State Ms K.H.Mastakar and Ms Pallavi Thakar for MMC Mr.Rui Rodrigues and Mr.Upendra Lokegaonkar i/b N.R.Prajapati for Union of India.

CORAM : A.S.OKA, & RIYAZ.I.CHAGLA,JJ.

DATE : MARCH 23, 2018 P.C.:

Heard the learned counsel appearing for the applicant, the learned counsel for the Public Interest Litigation petitioners and the learned counsel for the third respondent-the Maharashtra Coastal Zone Management Authority. We have also heard the learned counsel for various Authorities. The prayer in this Notice of Motion is for grant of permission to construct elevated approach road for development of water transport terminal project at

nmwl171 Nerul, Navi Mumbai.

The applicant is relying upon the letter issued by the Government of India, Ministry of Environment and Forests, by which environment and CRZ clearance was granted to the proposal of the applicant subject to specific conditions and general conditions incorporated in the said letter. On 25th September 2017, the Government of India, Ministry of Environment, Forests and Climate Change granted the said clearance. The same Ministry by a letter dated 13th February 2018 has granted stage II clearance subject to terms and conditions incorporated in the said letter.

Therefore, the prayer made in the Notice of Motion deserves to be accepted. Accordingly, we pass the following order:

.

Notwithstanding interim relief granted in the PIL, it will be open to the applicant to carry out the work permitted under the aforesaid letters dated 7th May 2013 and 18th February 2018 subject to compliance with the terms and conditions incorporated therein. Notice of Motion is disposed of accordingly.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)