Allowed

Bombay Environmetal Action Group Aand Anr. v. the State of Maharashtra and Ors. and M/S. v M. Developers - Applicant

Bombay HC23 Feb 2012CHSW/336/2011

Case brief

AI extract

What is this about?

This judgment disposes of two chamber summonses seeking occupancy certificates. The Court held that the applicants' plots are adjacent to but not within the 50-meter mangrove exclusion zone, and thus they did not breach the prior order of May 6, 2005. Both summonses were allowed.

What did the court decide?

Directory orders were passed granting occupancy certificates for the building constructed on the respective plots and exempting the applicants from the order dated 06/10/2005.

Bombay Environmetal Action Group Aand Anr. Vs the… — Municipal and Town Planning | Bombay HC (2012)

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mst

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO.336 OF 2011 IN PUBLIC INTEREST LITIGATION NO.87 OF 2006

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Bombay Environmental Action Group and another Petitioners versus The State of Maharashtra and others Respondents and M/s.V.M.Developers Applicant

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ALONG WITH CHAMBER SUMMONS NO.337 OF 2011 IN PUBLIC INTEREST LITIGATION NO.87 OF 2006

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Bombay Environmental Action Group and another Petitioners versus The State of Maharashtra and others Respondents and M/s.V.M.Constructions Applicant

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Mr.A.Y.Sakhare, Sr.Advocate with Jitendra Sachdev for applicants.

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Mr.Gautam Patel with Gulnar Mistry and Ushajee Peri i/by M/s.M.V.Jayakar & Co. for petitioners.

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Mr.G.S.Hegade for respondent no.14 CIDCO.

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Mr.Niranjan Pandit, AGP for respondent nos.1, 5 and 6.

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Mr.A.A.Garge for NMMC.

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Mr.Rakesh Singh i/by M.V.Kini & Associates for applicant.

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Ms.Sharmita Deshmukh for respondent no.3.

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Ms.Rui Rodrigues with N.R.Prajapati for respondent no.2.

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CORAM : MOHIT S. SHAH, C.J. AND RANJIT MORE, J.

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DATE : February 23, 2012

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PC :

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1. The applicants herein seek following reliefs :-

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"Chamber Summons No.336/2011 :

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(C) That the additional Respondent nos.9 and/or any other concerned authorities be directed by a mandatory order of this Hon'ble Court to grant occupancy certificate for building constructed on Plot No.84, Sector 50, Gaothan Expansion Scheme (GES), at Nerul Node, Navi Mumbai, and be exempted from the order 06/10/2005 passed by this Hon'ble Court"

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"Chamber Summons No.337/2011 :

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(C) That the additional Respondents nos.9 and/or any other concerned authorities be directed by a mandatory order and injunction of this Hon'ble Court of forthwith withdraw and cancel the Notice dated 02/08/2011 against the Applicants with respect to their building property at Plot no.101 A, Sector 50, Gaothan Expansion Scheme (GES), Nerul Node, Navi Mumbai, and be exempted from the order 06/10/2005 passed by this Hon'ble Court."

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Having heard learned counsel for the applicants as well as learned counsel for petitioner in PIL No.87 of 2006, learned counsel for Navi Mumbai Municipal Corporation, learned counsel for Coastal Zone Authority and learned AGP, we find that the issues raised in these Chamber Summonses are covered by order passed today by us in Chamber Summons No.31 of 2012.

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In the present Chamber Summonses, Plots bearing Nos.84 and 101-B of Sector-50, Nerul, Navi Mumbai are in question. In both these Chamber Summonses, prayer for grant of occupancy certificate for building construction on above plots is made.

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This Court had occasion to pass appropriate orders in respect of Plot Nos.84-A and 101-B of Sector-50, Nerul, Navi Mumbai in Chamber Summons Nos.436 of 2010 and 31 of 2012 respectively, on the ground that those plots do not fall within the range of 50 meters from Mangroves.

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Since two plots covered by these Chamber Summonses being Plot Nos.84 and 101 are just adjacent to the above numbered plots respectively and are not within the range of 50 meters from the mangroves, the applicants herein have not committed breach of order of this Court dated May 6, 2005. Following the order passed today in Chamber Summons No.31 of 2012, we allow both these Chamber Summonses in terms of prayer clause (c) respectively which are reproduced above.

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Chamber Summons Nos.336 of 2011 and 337 of 2011 stand disposed of accordingly.

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(CHIEF JUSTICE)

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(RANJIT MORE, J.)

Bombay Environmetal Action Group Aand Anr. v. the State of Maharashtra and Ors. and M/S. v M. Developers - Applicant

Case brief

What is this about?

What did the court decide?

Bombay Environmetal Action Group Aand Anr. v. the State of Maharashtra and Ors. and M/S. v M. Developers - Applicant

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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