Conservation Action Group And Another v. Union Of India And 6 Others

(2) PIL 50-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk PUBLIC INTEREST LITIGATION NO. 50 OF 2018 Conservation Action Trust & Anr.

.. Petitioners Vs.

Union of India & Ors.

.. Respondents Ms. Gulnar Mistry i/b Jayakars for the Petitioners. Ms. Sharmila Deshmukh for Respondent Nos.3 & 7. Mr. A. R. Varma for Respondent No.1-UOI.

Ms. K. H. Mastakar for Respondent No.6-MCGM.

Mr. Kunal Bhanage, AGP for Respondent No.4-State. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 21 st JUNE, 2019.

P. C. :

Learned Counsel for the Petitioners states that after the notification dated 06.03.2018 amending the CRZ notification of the year 2011 was promulgated which has been challenged in the Public Interest Litigation, by a notification dated 18.01.2019 superseding the CRZ notification of the year 2011a comprehensive notification dated 18.01.2019 has been issued. Thus, learned Counsel seeks leave to withdraw the instant Public Interest Litigation within observation that if the offending provision continued to find the reference in the notification dated 18.01.2019, the same would be challenged by the Petitioners. Learned Counsel further states that if a case is detected the 1/2

(2) PIL 50-18 Petition granting ex post facto sanction, challenging the said permission, the Petitioner would be at liberty to question the validity of the notification of the year 2018. Granting liberty as prayed for, the instant Public Interest Litigation is disposed of as not pressed for. [N. M. JAMDAR, J.] [CHIEF JUSTICE] 2/2