The Bombay Environment Action Group And Another v. The State Of Maharashtra And 6 ORS.

nmw-392.07 in pil-87.06 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.392 OF 2007 IN PIL (WRIT PETITION) NO.87 OF 2006 The Bombay Environment Action Group & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents And Mumbai Metropolitan Region Development Authority ... Applicant ------------ Mr. B.S. Nayak i/by Ms. Kiran Bagalia for the Applicant. Mr. Jai Chhabria a/w Ms. Shreya Parikh for the Petitioners. Mr. Rajiv Mane, AGP for Respondent Nos.1, 5, 5a & 6 - State. Ms. Sharmila Deshmukh for Respondent No.3.

Ms. Trupti Puranik for Respondent No.4. - BMC. Ms. Nityoah Mehta a/w Mr. Ashish Anand & Ms. Siddhi Vora i/by Nityoah Sunnel & Associates for Respondent No.12. Ms. Nalanda Jadhav i/by N.R. Bubna for Respondent No.20. Mr. N.R. Prajapati a/w Mr. Rui Rodrigues for Respondent - UOI. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 5th JANUARY, 2017 P.C.

Perused the order dated 8th October, 2008. The said order grants liberty to the Applicant to obtain necessary/ required permissions from various authorities such as MOEF and MCZMA. There is nothing placed on record by the Applicant to show that such permissions were obtained. Hence, in absence of any material being placed on record

nmw-392.07 in pil-87.06 showing that concerned authorities have granted requisite permissions, this Notice of Motion cannot be entertained and accordingly, the same is dismissed.

After the order of dismissal of the Notice of Motion is passed by this Court, the learned counsel appearing for the Respondent No.7 in the Writ Petition which is Applicant in this Notice of Motion seeks permission to withdraw the Notice of Motion. Accordingly, the order passed earlier is recalled and the Notice of Motion is disposed of as withdrawn.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)