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Bombay High CourtWP/9610/2025disposed off

Gajanan Parshuram Patil And ORS v. Vasai Virar City Municipal Corporation And ORS

2025-07-15Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

JPP 7. WP 9610.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI PRAKASH PAWAR Date: 2025.07.16 10:37:39 +0530 JYOTI PRAKASH PAWAR WRIT PETITION NO. 9610 OF 2025 Gajanan Parshuram Patil and Ors.

... Petitioners V/s.

Vasai Virar City Municipal Corporation and Ors. ... Respondents _______________________________________ Mr. Yash Dewal for the Petitioners Ms. Swati Sagvekar for Respondent Nos. 1 and 2 Ms. T.J. Kapre, AGP for Respondent Nos. 3 and 4 Mr. Manish Kelkar for Respondent No.5 _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 15 JULY 2025 P.C. :

1.

In this Writ Petition, the Petitioners, inter-alia, have sought for a declaration that land belonging to the Petitioners bearing Survey No.211, 240/1, 241/1 and 241/2 lying and situated at Village - Sasunavghar, Taluka Vasai, District - Palghar do not form part of Wetlands as per the Wetlands Rules, 2017.

2.

This Court, by an order dated 7th July 2025, passed in Writ Petition No. 7333 of 2023 and connected Writ Petitions, has dealt with the similar issue.

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JPP 7. WP 9610.2025.doc 3.

For the reasons assigned by us in the said order, the Writ Petition is disposed of with the following directions :- (i) The Petitioners shall be permitted to raise all such contentions as may be permissible in law before NCSCM/State Wetlands Authority. The NCSCM/State Wetlands Authority shall consider the objections prepared by the Petitioners while preparation of a brief documents. (ii) As undertaken by the State Wetlands Authority before the Supreme Court, the brief documents shall be prepared on or before 30 April 2026.

(iii) In case any of the grievances of the Petitioners survive for consideration, it will be open for them to approach the Supreme Court.

(iv) If Petitioners are aggrieved by the decision of the State Wetlands Authority and their lands continue to be reflected in the new brief documents, they would be at liberty to challenge the decision before the appropriate forum in accordance with law. 4.

With the aforesaid directions, the Writ Petition is disposed of. ( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2