Swachh Association, Nagpur Thr. Authorized Representative, Anusaya Chhabrani v. State Of Maha., Thr. Secy., Forest Dept., Mumbai And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

PUBLIC INTEREST LITIGATION NO. 16 OF 2025 Swachh Association Vs. State of Maharashtra & Ors. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Parth Malviya, Advocate for the Petitioner. Mr. J.Y. Ghurde, AGP for Respondent Nos.1, 2 & 5. Mr. Arun Patil, Advocate for Respondent No.3. Mr. G.A. Kunte, Advocate for Respondent No.7. Mr. J.B. Kasat, Advocate for Respondent No.8. CORAM : NITIN W. SAMBRE AND M. M. NERLIKAR, JJ. DATE : 8 th JULY, 2025.

P.C.

CIVIL APPLICATION (CAO) NO. 455 OF 2025 For the reasons set out in the application, the application stands allowed.

2.

We grant leave so as to add the private respondents as party respondent Nos.9 and 10.

3.

Amendment be carried out forthwith.

4.

The application stands disposed of.

PUBLIC INTEREST LITIGATION NO. 16 OF 2025 5.

We grant leave so as to add the Maharashtra Infrastructure Development Corporation as party respondent No.11.

6.

Amendment be carried out forthwith.

910.PIL.16.2025.odt 2/3 7.

Issue notice to the newly added respondents, returnable on 15th July, 2025.

8.

Service by all modes is permitted.

9.

We also grant further leave so as to amend the public interest litigation.

10.

Necessary amendment be carried out before the next date of hearing.

11.

Copy of the same shall be made available to the other side.

12.

Heard.

13.

Our attention is invited by the learned counsel for the petitioner to the judgment of the Hon'ble Supreme Court in the matter of Zudpi Jungle Lands reported in 2025 SCC OnLine SC 1227 and the observations made in paragraph 138 and the annexures thereto in paragraph 140.

14.

It is urged by the counsel for the petitioner that the land, which is used for the construction and development of International Agricultural Convention Centre (for short, "I.A.C.C.") bearing Khasra No.175, is already notified as 'Zudpi Jungle' and, as such, in absence of there being permission from the Ministry of Environment and Forest, the said land cannot be divested for any other use. It is claimed that, in spite of above, with the aid of the State Government, the Maharashtra Infrastructure Development Corporation have taken up development of I.A.C.C.

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Though the respondent/P.K.V. has filed an affidavit, they have not categorically dealt with the issue as regards whether the land is marked as 'Zudpi Jungle' and the diversion of the use of the land without there being sanction from the Competent Authority.

16.

As such, by way of last chance, we grant time till next date of hearing to the respondent/P.K.V. for filing appropriate affidavit in the matter.

(M. M. NERLIKAR, J.) (NITIN W. SAMBRE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 09/07/2025 18:46:52