Disposed

The Tarapur Environment Protection Society and Ors. v. State of Maharashtra and Ors.

Bombay HC24 Mar 2014WP/2311/2012

Case brief

AI extract

What is this about?

Bench disposed of multiple writ petitions as infructuous after plaintiffs secured alternate land for pollution control plant through settlement and MoU, directing parties to fulfill recorded obligations while permitting withdrawal of expert fees deposit.

What did the court decide?

Both writ petitions dismissed as infructuous; parties directed to fulfill obligations under recorded minutes and MoU; JSW permitted to withdraw balance after reimbursing IIT bills.

The Tarapur Environment Protection Society… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.2311 OF 2012

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... Tarapur Environment Protection Society & Ors. … Petitioners V/s The State of Maharashtra & Ors. ... Respondents

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… WITH NOTICE OF MOTION NO.60 OF 2013 IN WRIT PETITION NO.2311 OF 2012 AND WRIT PETITION NO.395 OF 2013

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… Tarapur Industrial Manufactures' Association and ors. ...Petitioners v/s. The State of Maharashtra & ors. ...Respondents AND NOTICE OF MOTION (L) NO.48 OF 2013 IN PUBLIC INTEREST LITIGATION NO.170 OF 2011 (Not on Board. Upon mentioning taken up on Board) … Nicolas Almeida ...Petitioner v/s. State of Maharashtra & ors. ...Respondents

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Mr.J.P.Sen, Sr.Advocate with Dr.Birendra Saraf and Mr.Vineet Unnikrishnan i/by Federal & Rashmikant for petitioners in WP No.2311 of 2013.

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Mr.R.R.Mishra i/b Mr.Hitesh Dabhi for petitioners in WP No.395 of 2013.

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Ms.Shyamali Gadre i/by Little & Co. for Respondent/MIDC. Mr.Anil T.Agarwal for Respondent No.3.

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CORAM: MOHIT S. SHAH, C.J. & M.S.SANKLECHA, J. DATE : 24 March 2014

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P.C.:

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Mr.J.P.Sen, Sr.Advocate with Dr.Birendra Saraf, learned counsel for petitioners-Tarapur Environment Protection Society seek leave to place on record a copy of the minutes of the meeting of MIDC with M/s.Tarapur Industrial Manufactures' Association (TIMA) and M/s.Tarapur Environment Protection Society (TEPS) on 7 February 2014.

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Leave as prayed for is granted and minutes of the meeting are taken on record and marked “X” for identification.

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As per the arrangement, TEPS is going to get alternate land for expansion of its CETP. Learned counsel for respondent No.3-JSW Steel Ltd. also states that JSW Steel Ltd. is going to pay Rs.1.25 crore to TEPS as full and complete compensation for the allotment of alternate plot against possession by MIDC to JSW of the plot adjacent to the plot occupied by JSW. This was also recorded in the letter dated 28 February 2014 of JSW Steel Ltd. to the petitioner-TEPS.

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Copy of the said letter is also taken on record and marked “Y” for identification.

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Learned counsel for TIMA seeks leave to place on record a copy of the Memorandum of Understanding between TIMA and TEPS dated 13 March 2014.

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Leave as prayed for is granted and MoU dated 13 March 2014 is taken on record and marked “Z” for identification.

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As per the agreements recorded in the above MoU, TIMA will sub-lease plot of land bearing plot No.OS-30 to TEPS on the terms and conditions as per prevailing rules and regulations of MIDC.

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In view of the above arrangement and the agreements recorded in the minutes of the meeting held on 7 February 2014 as well as MoU dated 13 March 2014, petitions do not survive and accordingly both writ petitions are disposed of as infructuous.

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In view of disposal of Writ Petition No.2311 of 2012, Notice of Motion No.60 of 2013 is also disposed of.

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In view of this order, Notice of Motion (L) No.48 of 2013 in PIL No.170 of 2013 is also disposed of.

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Learned counsel for JSW Steel Ltd. invites our attention to the fact that in compliance with the order dated 20 February 2013 his client has already deposited Rs.5 lacs with the Prothonotory & Sr.Master of this Court and submits that appropriate orders may be passed for permitting the JSW to withdraw the amount, as the Indian Institute of Technology (IIT) team has visited the site only once or twice and before the expert team could do anything further, the parties have settled the dispute.

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Having regard to the fact that IIT expert team has not submitted its bills of fees and expenses, for the present it is directed that upon the Director of IIT, Bombay submitting bills of fees and expenses for the expert team, the Prothonotary & Sr.Master shall pay the amount of such bills of fees and expenses from out of Rs.5 lacs deposited by JSW and the balance amount shall be permitted to be withdrawn by JSW by an account payee cheque.

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Petitions, accordingly, stand disposed of as infructuous with a direction to all parties to carry out their respective obligations as recorded in the minutes of the meeting held on 7 February, 2014 (“X”) and the letter dated 28 February of JSW Steel Ltd. to TEPS (“Y”) and the MoU dated 13 March 2014 (“Z”). Liberty to move this Court for revival of the petitions, in case of any difficulty.

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CHIEF JUSTICE

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(M.S.SANKLECHA, J.)

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The Tarapur Environment Protection Society and Ors. v. State of Maharashtra and Ors.

Case brief

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The Tarapur Environment Protection Society and Ors. v. State of Maharashtra and Ors.

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