Mumbai Metropolitan Region Development Authority v. Union Of India Thr The Ministry Of Environment Forest And Climate Changeand ORS

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.07.09 17:51:05 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3727 OF 2025 Mumbai Metropolitan Region Development Authority

...Petitioner

Versus

The Union Of India Thr The Ministry Of Environment Forest And Climate Change and Ors

...Respondents

Mr. G.S.Hegde, Senior Advocate, a/w Mr. Saket Mone, Ms. Srushti Thorat, Ms. Fatema Kothari i/b Vidhii Partners for the Petitioner. Mr. Pawan Patil for the Respondent No.1.

Mr. O.A.Chandurkar, Addl.G.P a/w Ms. P.M.J. Deshpande, A.G.P for the Respondent-State.

Mrs. Jaya Bagwe for the Respondent No. 2 / MCZMA. Mr. Aditya Mehta a/w Ms. Deepali Bagla i/b Bagla & Associates for the Respondent No.6.

Ms. Madhumita S., officer from DCF, Mangrove Cell, present. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 9 th JULY, 2025 1/3

P.C. :

1.

Learned Counsel appearing for the respondent No.4 has tendered affidavit-in-reply of the said respondent dated 5th July, 2025. The same is taken on record.

2.

Learned Counsel for the respondent No.6 has also tendered an additional affidavit of the said respondent dated 9th July, 2025. The same is also taken on record.

3.

The respondent No.6 - Bombay Environment Action Group is the original petitioner in PIL. According to the learned Counsel for the respondent No.6, construction work has commenced even before permission is granted by this Court. 4.

Learned Counsel for the petitioner - MMRDA vehemently refutes the said statement.

5.

Be that as it may, in the facts, we permit the parties i.e. the 2/3

respondent No.6 - the original petitioner in PIL, learned Counsel for the respondent No.6 and the Deputy Conservation Officer - Ms. Madhumita S. to go and inspect the land in question, tomorrow i.e. on 10th July, 2025 at 11.00 a.m.

6.

Since the petitioner is presently in possession of the land, the petitioner is directed to permit the respondent No.6 and the Deputy Conservation Officer - Ms. Madhumita S. to inspect the land in question i.e. to check whether mangroves were there; whether they have been cut; and whether the construction has commenced on the said land. The parties are at liberty to take photographs, if necessary. 7.

Stand over to 11th July, 2025.

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

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