Maharashtra State Road Development Corporation Ltd. v. Union Of India And 3 ORS. And Zoru Darayus Bhathena (Applicant)

2.NMWNo.1902019 (corrected)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.190 OF 2019 IN WRIT PETITION NO.535 OF 2019 Mr.Zoru Darayus Bhathena } Applicant In the Matter Between :

Maharashtra State Road Development Corporation Ltd.

} Petitioner versus Union of India & Ors.

} Respondents .....

Ms.Ronita Bhattacharya Bector, Advocate for the Applicant.

Dr.Milind Sathe a/w. Mr.Saket Mone, Mr.Shrey Shah & Mr.Jayendra Kapadia, Mr.Shrey Shah & Mr.Subit Chakrabarti i/b. Little & Co., Advocate for the Petitioner.

Ms.P.H.Kantharia, Government Pleader for the Respondent/State.

Mr.Rui Rodrigues with Mr.N.R.Prajapati, Advocate for the Respondent No.2.

.....

CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE :- DECEMBER 16, 2020 PC :

The prayers made in this notice of motion, which was filed on 2nd May 2019 availing the leave granted by the Supreme Court by its order dated 1st April, 2019, do not (Corrected as per speaking to the minutes order dated 28th January 2021) Gaikwad RD 1/2

2.NMWNo.1902019 (corrected) survive in view of the letter dated 28th January 2020 issued by the Ministry of Environment, Forest and Climate Change, Government of India Department modifying the earlier permission granted by letter dated 9th January 2013. Confronted with such a situation, Ms.Bhattacharya, learned Advocate for the applicant seeks withdrawal of this notice of motion with liberty to institute appropriate proceedings in accordance with law.

The notice of motion stands disposed of as withdrawn, without costs. Interim order, if any, stands vacated.

3 This order shall, however, not preclude the applicant to initiate appropriate proceedings in accordance with law before the appropriate forum.

Secretary/Personal Assistant of this Court. All concerned copy of this order.

(G. S. KULKARNI, J.) (CHIEF JUSTICE) Digitally signed by Prajakta S.

Vartak Date:

2021.01.29 11:07:22 +0530 Prajakta S.

Vartak (Corrected as per speaking to the minutes order dated 28th January 2021) Gaikwad RD 2/2