Vilas Dewu Gakar And ORS v. The Tahsildar, Devgad, And ORS
(20)WP466619.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4666 OF 2019 Vilas Devu Gavkar and others ..Petitioners
Versus
The Tahsildar, Devgad, Taluka Devgad, District Sindhudurg and others ..Respondents Mr. Sachin Punde, Advocate for the Petitioners. Mr. K. S. Thorat, AGP for Respondent Nos.1, 3 & 5. Mr. Parag Vyas a/w Ms. Karuna Yadav, Advocate for Respondent No.2 - UOI.
Ms. Sharmila Deshmukh, Advocate for Respondent No.4. Mr. Sanjiv Sawant I/by Mr. Abhishek Deshmukh, Advocate for Respondent No.8.
CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.
DATE : 28th AUGUST, 2019 P.C.
1] There are no averments in the Writ Petition as to where is the shoreline marked in the Coastal Zone Management Plan prepared by MCZMA. There is no pleading concerning the distance of the structures constructed by the Petitioners from the high-tide line shown in the Coastal Zone Management Plan. Challenge is to a show-cause notice issued on the plea that the site on which the Petitioners reconstructed their structure does not fall within the Coastal Zone Regulations.
BGP. 1 of 2
(20)WP466619.doc.
2] In the absence of pleadings as afore-noted, we hold that the Petition does not disclose any cause of action and thus we reject the Petition.
3] Since the Petitioners have had a protection of interim order since 12th April 2019, we extend the interim order by a period of two weeks, within which the Petitioners may avail the remedy contemplated by law.
SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP. 2 of 2