Brihanmumbai Municipal Corporation v. Union Of India

6-WP.4209.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4209 OF 2024 Brihanmumbai Municipal Corporation } Petitioner versus Union of India & Ors.

} Respondents Mr. Saket Mone (thorough VC) with Ms.Oorja Dhond i/b. Ms. Komal Punjabi for petitioner.

by JAYANT VISHWANATH SALUNKE Date:

2024.10.22 17:32:03 +0530 JAYANT VISHWANATH SALUNKE Ms. Savita Ganoo with Ms. Priyanka B. Chavan for respondent no. 1.

Ms. Jaya Bagwe for respondent no. 2 (MCZMA).

Ms. P. H. Kantharia, Government Pleader with Ms. Jyoti Chavan, Additional Government Pleader and Ms. Nazia Sheikh for respondents 3 to 5.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

OCTOBER 22, 2024 P.C.:

1.

On the oral prayer made by learned counsel for the petitioner, let respondent no. 7 be deleted from the array of respondents.

2.

Necessary amendments shall be incorporated by the learned counsel for the petitioner during the course of the day. Re-verification is dispensed with.

3.

Learned counsel representing the respondent no. 2 has stated that permission for the proposed construction has already been granted by the Maharashtra Coastal Zone Management

6-WP.4209.2024 Authority (MCZMA) and therefore, the authority does not intend to file any affidavit in reply.

4.

Learned AGP representing respondents 3 and 4 has stated that she has received the instructions to file affidavit in reply which shall be filed by 12th November 2024. Let the said affidavit accordingly be filed by 12th November 2024. 5.

No one is present on behalf of respondent no. 6, however, we have been informed that Ms. Sheetal Shah appears on its behalf.

6.

Accordingly, we direct that affidavit in reply, if any, on behalf of respondent no. 6 shall also be filed by 12th November 2024.

7.

Rejoinder affidavit, if any, may be filed by the learned counsel for the petitioner by the next date of listing. 8.

Stand over to 28th November 2024.

9.

Learned counsel for the petitioner shall communicate this order to Ms. Sheetal Shah, learned counsel representing respondent no. 6, forthwith.

(AMIT BORKAR, J.) (CHIEF JUSTICE)