Disposed

Zf Steering Gear (India) Ltd. v. the State of Maharashtra through Secretary, Revenue and Forest Dept and Ors.

Bombay HC6 Aug 2012WP/8055/2011

Case brief

AI extract

What is this about?

The High Court of Bombay in concurrent writ petitions challenged orders to dismantle wind mills in Koyana Wildlife Sanctuary. The Court stayed implementation of notice to dismantle mills pending decision by Central Empowered Committee and Government of India on sanctuary boundary rationalization.

What did the court decide?

Direction to Respondents not to implement impugned orders to dismantle wind mills pending CEC decision.

Zf Steering Gear (India) Ltd. Vs the State of… — Pension and Retirement Benefits | Bombay HC (2012)

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1 WP 8055/2011 & connected matters

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S.H.HADAP

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.8055 OF 2011

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ZF Steering Gear (India) Ltd. … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents

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WITH WRIT PETITION NO.5320 OF 2011

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Ghodawat Energy Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH

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WRIT PETITION NO.5321 OF 2011

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Dhariwal Industries Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5324 OF 2011

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Jayashree Polymers Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5329 OF 2011

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Savita Oil Technologies Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

¶15

2 WP 8055/2011 & connected matters

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WITH WRIT PETITION NO.5334 OF 2011

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Savita Oil Technologies Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5630 OF 2011

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S.K.Parik … Petitioners V/s The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.5631 OF 2011
Malini Properties Pvt.Ltd. … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.5632 OF 2011
Bajaj Finserv Ltd. … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5633 OF 2011

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Cooper Foundry Pvt.Ltd. V/s	… Petitioners
The State of Maharashtra & Ors.	... Respondents

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WITH WRIT PETITION NO.5634 OF 2011

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Borax Morarji Ltd. V/s	… Petitioners
The State of Maharashtra & Ors.	... Respondents

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3 WP 8055/2011 & connected matters

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WITH WRIT PETITION NO.5635 OF 2011

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Karma Energy Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5636 OF 2011

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M/s.D.J.Malpani … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5637 OF 2011

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Patankar Wind Farms Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5638 OF 2011

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Padmawati Wind Energy Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH

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WRIT PETITION NO.5639 OF 2011

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Shri Charbhuja Sales Corporation … Petitioners V/s The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.5641 OF 2011 Bajaj Electricals Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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4 WP 8055/2011 & connected matters

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WITH WRIT PETITION NO.5643 OF 2011

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Khuda Gawah Investments Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5644 OF 2011

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Vaman Presstressing Company Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5645 OF 2011

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Shri.Sagar Agencies Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.5646 OF 2011 Patan Wind Energy Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.5647 OF 2011

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Rajaram Solvex Ltd. … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.5648 OF 2011
Weizmann Ltd. … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents

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5 WP 8055/2011 & connected matters

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WITH

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WRIT PETITION NO.6162 OF 2011

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Arvind Dyeing and Bleaching Mills Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.6163 OF 2011

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Varroc Engineering Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.6166 OF 2011
B.S.Channabassappa and Sons … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents
WITH WRIT PETITION NO.6167 OF 2011
B.S.C.Textile … Petitioners V/s
The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.6169 OF 2011

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Suzlon Towers and Structures Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.6170 OF 2011 Deccan Industrial Explosives Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

¶55

6 WP 8055/2011 & connected matters

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WITH

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WRIT PETITION NO.6172 OF 2011

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Serum Institute of India Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH WRIT PETITION NO.6173 OF 2011

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Shri Abhay K.Shah … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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WITH

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WRIT PETITION NO.6174 OF 2011

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Simone Poonawalla Constructions & Stud Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.6175 OF 2011 Arvind Cotsyn (India) Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents WITH WRIT PETITION NO.8604 OF 2011 Eagle Burgmann India Pvt.Ltd. … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents WITH WRIT PETITION NO.8605 OF 2011 Non-Con Energies (I) Ltd. … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents

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7 WP 8055/2011 & connected matters

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WITH WRIT PETITION NO.9180 OF 2011

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Arvind Finlease Pvt.Ltd. … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents

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WITH WRIT PETITION NO.10249 OF 2011

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Mr.Menimath Murlidhar Owhal … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents

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WITH WRIT PETITION NO.10250 OF 2011

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Sou.Kusum Ashok Gursale … Petitioners V/s The State of Maharashtra Through Secretary, Revenue & Forest Dept.& Ors. ... Respondents

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WITH

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WRIT PETITION NO.10260 OF 2011

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Koyana Paryatan Vikas Sahakari Sanstha Maryadit … Petitioners V/s The State of Maharashtra, Through Chief Secretary & Ors. ... Respondents

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WITH WRIT PETITION NO.1516 OF 2012

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M/s.Poonawalla Finvest and Agro Pvt.Ltd. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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8 WP 8055/2011 & connected matters

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Mr.Filji Frederick with Ms.Suvarna Joshi i/by FF & Associates for the petitioners.

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Mr.N.P.Deshpande, AGP for Respondent Nos.1 & 2.

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Mr.Amit Borkar with Mr.Sandeep Babar for Petitioners in W.P.No.10249 of 2011 and W.P.No.10250 of 2011.

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Mr.Nana Khamkar, Petitioner in person in PIL No.140 of 2010 present.

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CORAM: MOHIT S.SHAH, C.J. & N.M.JAMDAR, J.

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DATE: 6^th August, 2012

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P.C.:

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The petitioners in these petitions have challenged the orders passed by the Assistant Conservator of Forests, (Wild Life), Koyana Wild Life Sanctuary, calling upon the petitioners to dismantle the wind mills which were set up by the petitioners during the period between the years 1997 and 2003 on the ground that setting up of the wind mills on the land in question within the limits of Koyana Wildlife Sanctuary was in contravention of the provisions of Wild Life (Protection) Act, 1972.

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This Court while issuing notice on 3^rd August, 2011, in paragraph No.2 of the order, observed as under:

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“2. In view of the report dated 22/1/2011 of the Chief Secretary, Government of Maharashtra, particularly paragraphs-7.4, 7.7 and 7.8 thereof and the fact that the windmills in question were constructed about 10 to 11 years ago and that presently these windmills within the Koyana Sanctuary contribute about 140 million units of power per year for the State, as indicted in paragraph – 7.4 of the report; the parties shall maintain status quo as regards the existing wind

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9 WP 8055/2011 & connected matters

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mills. No further construction shall be made in the area. The respondent nos.1 and 2 shall accordingly not implement the impugned orders passed between 16 and 31 May 2011. All these Writ Petitions shall be heard along with PIL No.140 of 2010.”

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In the aforesaid paragraphs of the report, the Chief Secretary to the Government of Maharashtra had recommended exclusion of the land in question from the Koyana Wild Life Sanctuary limits. On the basis of said recommendations the State of Maharashtra had submitted a proposal to the Government of India, Ministry of Environment and Forests (Wild Life Division) and the matter was placed before the National Board for Wild Life (NBWL). At the 25^th meeting of the Standing Committee of the NBWL, following recommendation has been made as indicated in the letter dated 12^th July, 2012 of the Deputy Inspector General (Wild Life), Government of India, Ministry of Environment and Forests (Wild Life Division):-

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“8. Rationalization of the boundary of Koyana Wildlife Sanctuary, Maharashtra.

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The Member Secretary informed the Committee that the Government of Maharashtra, had declared Koyna Wildlife Sanctuary on 16^th September, 1985 under Section 18 of the Wild Life (Protection) Act, 1972. The notified area of the Sanctuary was 423.55 sq.Kms which included 229.45 sq.Kms forest area and 198.02 sq.Kms non-forest area. The Enquiry Officer appointed under the Wild Life (Protection) Act, 1972 for the enquiry of Koyana Wildlife Sanctuary had conducted enquiries under Sections 19 to 25 of the said Act and submitted their reports to the concerned Collector. The Enquiry Officer and Sub-divisional Officer, Karad had passed orders for exclusion of non-forest area of 14 villages of Patana Taluka of Koyna Wildlife Sanctuary admeasuring an area of 99.65 sq.Kms.

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The Member Secretary also added that some development

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10 WP 8055/2011 & connected matters

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works like roads, resorts, dam and wind mills had been executed in this area, on the assumption that these areas had been recommended for exclusion from the Sanctuary. One PIL No.140/2010 has also been filed before the Hon'ble High Court of Bombay, and an application before the CEC regarding the violations of Wild Life (Protection) Act, 1972 was pending. However, there is no stay whatsoever in the matter.

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He further stated that the State Government had also proposed five area, viz.Rajmachi (122 sq.Kms), Sudhagarh Tamni (220.18 sq.Kms), Tipagad (52.4 sq.Kms). Isapur (bird) (121.55 sq.Kms) and Kopela/Kolamarka (90.93 sq.Kms) for setting up new sanctuaries and/or for increasing the area of existing Protected Areas.

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Dr.Divyabhanusinh Chavda suggested that since the area was in a Tiger reserve, prior concurrence of the NTCA must be taken, and, therefore, the proposal should go to NTCA for its views.

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The Committee after considering the requirement of the State Government decided to recommend the proposal for rationalization of the boundaries of the Koyana Wildlife Sanctuary subject to the condition that the five areas proposed for declaration of Wildlife Sanctuaries would be notified prior to denotification of the areas of Koyna Sanctuary, and that the denotification will also be subject to the consideration of the proposal by the Member-Secretary, NTCA, outcome of the Court case on this matter pending before the Hon'ble High Court of Bombay and the I.A.pending before the Central Empowered Committee.”

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In view of the above, it is clear that the NBWL has already recommended a proposal for rationalization of the boundaries of the Koyana Wild Life Sanctuary, subject to certain conditions. As far as outcome of the Court case pending before this Court is concerned, the reference apparently is to PIL No.140 of 2010. The matter is also pending before the Central Empowered Committee (CEC) as indicated in the above minutes of the meeting held on 13^th June, 2012.

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11 WP 8055/2011 & connected matters

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It is obvious that the impugned order passed by the Assistant Conservator of Forests (Wild Life) during the period 16^th and 31^st May, 2011 cannot be permitted to be implemented at this stage. The picture will become clear only after the matter is examined by CEC and necessary notifications are issued by the Government of India.

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In view of the above, these petitions are disposed of with a direction to Respondent Nos.1 and 2, not to act upon the impugned orders passed between 16^th and 31^st May, 2011 till the matter is finally decided by the CEC and the Government of India.

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In case the final decision does not accept the recommendations of NBWL, it will be open to Respondent No.2 to issue fresh orders after giving the petitioners an opportunity of being heard.

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All the petitions are accordingly disposed of in terms of above directions.

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CHIEF JUSTICE

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(N.M.JAMDAR, J.)

Zf Steering Gear (India) Ltd. v. the State of Maharashtra through Secretary, Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

Zf Steering Gear (India) Ltd. v. the State of Maharashtra through Secretary, Revenue and Forest Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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