Bombay Environment Action Group And ANR v. The State Of Maharashtra And 19 ORS

1/2 NM/307/2016 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.307 OF 2016 IN PUBLIC INTEREST LITIGATION NO.87 OF 2006 Mumbai Metropolitan Region Development Authority ..... Applicant.

In the matter between Bombay Environment Action Group and Another .....Petitioners.

V/s State of Maharashtra and Others.

.... Respondents.

--- Mr. Saket Mone a/w Mr. Subit Chakrabarti i/b Vidhi Partners for applicant in Notice of Motion No. 307 of 2016 in PIL No.87 of 2016. Mr. Navroz Seervai, Senior Counsel a/w Ms. Shreya Parikh for the Petitioner in PIL No.87 of 2006.

Mrs. P.H. Kantharia, AGP for Respondent/State in PIL No.87 of 2006. Ms. Trupti Puranik for Respondent/BMC.

Ms. Sharmila Deshmukh for CRZ.

--- CORAM: V. M. KANADE & MS. NUTAN D. SARDESSAI, JJ.

DATE:

28th November, 2016

2/2 NM/307/2016 P.C.:- 1.

This Notice of Motion is taken out by the Applicant for carrying out construction of the proposed Mumbai Trans Harbour Link (a proposed 22 km freeway grade road bridge connecting the island city of Mumbai with Navi Mumbai).

2.

The learned Counsel appearing on behalf of the Applicant submits that Applicant has obtained clearance from all the concerned authorities. He submitted that Ministry of Environment and Forest, Government of India has granted approval on 22/01/2016 and CRZ clearance has been granted on 25/01/2016. Applicant has given an undertaking in paras 12 and 27 of the affidavit in support of the Notice of Motion. The said undertaking is accepted. Applicant shall comply with all the conditions which are imposed in the said letters of sanction granted by both the authorities.

3.

We are satisfied that the said project is public utility project and we grant leave in terms of prayer clause (a) of the Notice of Motion subject to conditions imposed by both the authorities. 4.

Notice of Motion is accordingly allowed in terms of prayer clause (a) and disposed of.

(MS. NUTAN D. SARDESSAI, J. ) (V.M. KANADE, J.)