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Bombay High CourtWP/9050/2025disposed off

Confederation Of Real Estate Developers Maharashtra Chamber Of Housing Industry v. State Of Maharashtra Thr. Its Secretary Ministry Of Environment And Climate Change And ORS

2025-07-08Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

11-WP-9050-2025.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9050 OF 2025 Confederation of Real Estate Developers Maharashtra Chamber of Housing Industry, Kalyan Dombivali Unit .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Nikhil Sakhardande, Senior Advocate a/w Samit Sukla, Saakshi Saboo, Vaibhavi Bhalerao i/by Trilegal for petitioner.

Mrs. Apurva Thipsey, "B" Panel, for respondent nos.1 and 2-State.

Ms. Rajashri Karande for respondent no.4-CPCB. by PRAVIN DASHARATH PANDIT Date:

2025.07.08 17:41:48 +0530 PRAVIN DASHARATH PANDIT Ms. Jaya Bagwe for respondent no.5-MPCB.

CORAM:

ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATE:

8th JULY, 2025 ORAL ORDER [Per Chief Justice]:

1.

With the consent of the learned counsel for the parties, heard finally.

2.

In this writ petition, the petitioner, inter alia, prays for a direction to respondent nos.2 and 3 to decide the proposals received by them for seeking environmental clearance in Kalyan Dombivali Industrial cluster by considering the current Comprehensive Environmental Pollution Index (CEPI) score of

11-WP-9050-2025.doc Kalyan Dombivali region as updated/published by respondent no.5 - Maharashtra Pollution Control Board, which is 44.50. 3.

Learned senior counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by an order dated 30th April, 2025 passed by this Court in Writ Petition No. 4803 of 2025. The aforesaid submission has not been disputed on behalf of the respondents.

4.

In view of the aforesaid and for the reasons assigned by this Court in the order dated 30th April, 2025 passed in Writ Petition No. 4803 of 2025, the present writ petition is disposed of with the following directions: - The proposals made by the petitioners seeking environmental clearance from respondent nos.2 and 3 be considered in accordance with law on the basis of current CEPI score of the Kalyan Dombivali region as updated/published by respondent no.5 - Maharashtra Pollution Control Board within a period of eight weeks from the date of uploading of the order.

5.

It is clarified that this Court has not expressed any opinion on merits of the matter.

(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)