Partly allowed

Nishikant N. Bhojane and Ors. v. Aawaaz Foundation

Bombay HC11 Dec 2014CAI/163/2014

Case brief

AI extract

What is this about?

The bench modified an existing order regarding a moratorium on mining leases, limiting its continuation to specific villages in certain ecologically sensitive areas of Maharashtra. Other claims for general moratorium were rejected, and respondents were directed to take further steps on ecological issues.

What did the court decide?

Moratorium continued only for specified villages in ESA of Ratnagiri and Sindhudurg Districts; disposed of other applications; directed respondents to take further steps on ESA.

Nishikant N. Bhojane and Ors. Vs Aawaaz Foundation — Environment and Pollution | Bombay HC (2014)

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CAI157.14+.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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1. CIVIL APPLICATION NO. 157 OF 2014

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I LOG PORTS Pvt. Ltd.

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… Applicant

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v/s

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Awaaz Foundation … Respondent

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ALONG WITH

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2. CIVIL APPLICATION NO. 407 OF 2012

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Lote Parshuram Industries Association … Applicant v/s Awaaz Foundation … Respondents

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ALONG WITH

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3. CIVIL APPLICATION NO. 2785 OF 2012

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Narayan Mahadev Bordekar … Applicant v/s Awaaz Foundation … Respondent

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ALONG WITH

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4. CIVIL APPLICATION NO. 119 OF 2014

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Awaaz Foundation … Applicant

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v/s

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Union of India & ors. … Respondents

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ALONG WITH

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5. CIVIL APPLICATION NO. 163 OF 2014 IN CIVIL APPLICATION NO.119 0F 2014

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Nishikant N. Bhojane & ors. … Applicants v/s Awaaz Foundation … Respondent

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CAI157.14+.doc

ALONG WITH

6. CIVIL APPLICATION NO. 169 OF 2014

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Sanjay Vitthal Mate … Applicant v/s Awaaz Foundation … Respondent

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PUBLIC INTEREST LITIGATION NO. 179 OF 2012

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Awaaz Foundation … Petitioner v/s Union of India & ors. … Respondent

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ALONG WITH PUBLIC INTEREST LITIGTION NO. 198 OF 2014 WITH CIVIL APPLICATION (ST) NO. 32721 OF 2014

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Vanashakti & anr. … Applicants v/s Awaaz Foundation … Respondent

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Mr.G.S.Godbole, Advocate along with Mr.Tilak I/by Mr.Dinesh Kumar A.Dubey for the applicant in CAI No.157 of 2014 and for the petitioner in PIL No.179 of 2012.

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Ms.Gayatri Singh, Advocate for the petitioner in PIL No.198 of 2014 and CAI (St.) No.32721 of 2014.

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Ms.Snehal Paranjpe, Advocate along with Mohana Nair i/by JMB Partners for the applicants in CAW No.407/12, CAW No.2782/2012 and CAI No.119/2014.

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Mr.Abdi i/by Abdi & Co. for the applicant in CAI No.163 of 2014.

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Mr.Harshad Sathe for the applicant in CAI No.169 of 2014.

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Mr.Amogh Karandikar, Advocate i/by Khandeparkar & Associates

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CAI157.14+.doc

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for Resp. No.5 in all matters.

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Mr.Anil Singh, A.S.G. along with Mr.Rui A. Rodrigues, Advocate and Mr.Ashok Verma, Advocate with Mr.D.P. Singh, Advocate for the Union of India.

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CORAM: ANOOP V. MOHTA & N.M. JAMDAR, JJ. DATED : 11 DECEMBER 2014

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P.C.:

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Heard learned counsel for all the parties.

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After hearing all the parties and considering the urgency so expressed and in the interest of justice, to avoid further delay at this stage, pending the PIL Nos.179 of 2012 and 198 of 2014, we are inclined to pass the following order as the petitioners/parties, after discussion, have also arrived at consensus so far as the following order is concerned. Even otherwise, we are inclined to pass this order basically to modify the order as mentioned below without prejudice to the rights and contentions of the parties.

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Therefore the following order is passed :

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O R D E R

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(i) Order dated 17 July 2012 in regard to continuation of moratorium as per O.M. dated 16 August 2010 and order dated 13 August 2014 staying operation of O.M. dated 25 July 2014 stands modified to the extent that till further

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CAI157.14+.doc

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orders moratorium shall continue only in respect of villages listed in Ecologically Sensitive Area (ESA) of Ratnagiri and Sindhudurg Districts in directions issued on 13 November 2013 under Section 5 of Environment Protection Act, 1986, all Dodamarg Taluka and two villages of Banda Taluka mentioned in Annexure “1” of the O.M. Dated 25 July 2014.

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(ii) This order is without prejudice to rights and contentions of respondent No.1 even in respect of 51 villages mentioned in Ex.'I' to the Civil Application No.119 of 2014 Moratorium and villages of Dodamarg other than those mentioned in O.M. Dated 25 July 2014, is not entitled to be continued.

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Civil Application Nos.157 of 2014, 163 of 2014, 169 of 2014 and Civil Application (St.) No.32721 OF 2014, are disposed of.

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However, it is made clear that the concerned respondents and officers to take further steps as already observed in the order dated 27 September 2013 in respect of Ecology Sensitive Area.

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Stand over to 15 January 2015.

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( N.M. JAMDAR, J.)

Nishikant N. Bhojane and Ors. v. Aawaaz Foundation

Case brief

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Nishikant N. Bhojane and Ors. v. Aawaaz Foundation

Case brief

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