The Bombay Environment Action Group And ANR. v. The State Of Maharashtra And ORS

507-NMW-261-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 261 OF 2017 IN PUBLIC INTEREST LITIGATION NO. 87 OF 2006 Bombay Environmental Action Group and Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondent And Mira Bhayander Municipal Corporation ... Applicants Mr. N.R. Bubna, for the Applicant.

Ms. Shreya Parikh, i/b. M/s. M.V. Jayakar & Co. for the Petitioner. Ms. Shital Mane, for the Respondent - BMC.

Ms. Geeta Shastri, AGP for Respondent - BMC.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

3RD MAY, 2018.

PC:- 1.

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Applicant Mira Bhayander Municipal Corporation. Perused prayer clause (b). Grant of permission in terms of prayer clause (b) will amount to permitting destruction of mangroves. The learned counsel appearing for Applicant - Municipal Corporation tenders an additional Affidavit. He relies upon communication dated 4th August, 2017 issued by Government of India. The said communication itself shows that the stage 2 approval under the 1/2

507-NMW-261-2017.DOC Forest (Conservation) Act, 1980 has not been granted. It is not the case made out by the Applicant that stage 2 approval has been granted as of today.

3.

Unless stage 2 approval is granted, no relief can be granted in this Notice of Motion and accordingly, the Notice of Motion is dismissed.

4.

We grant liberty to the Applicant to file a fresh Notice of Motion, after grant of stage 2 approval.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2