Petitioner sought writ directing MCZMA to grant CRZ clearance without being influenced by pending NGT orders. Court held that since matter is pending before NGT, it is not possible to interfere and disposed petition open.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) No. 1500 OF 2016
Nina Bagai Hajela ….Petitioner Vs. Union of India and Ors. ….Respondents
Mr. Saket Mone a/w. Mr. Vishesh Kalra a/w. Mr. Subir Chakraborty i/b. Vidhi Partners for Petitioner
Mr. D.P. Singh for Respondent No.1
Mr. Sharmila Deshmukh for Respondent No.2 ******
CORAM : V. M. KANADE & M.S. SONAK, JJ.
DATE : JUNE 27, 2016
P.C. :
India, the Petitioner is seeking the following reliefs:
“(a) That this Hon'ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, order and direction in the nature of Mandamus thereby directing the Respondent No.2 to consider the Application/ proposal of the Petitioner forwarded by the Respondent No.3 within a period of two
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weeks and grant the CRZ clearance in accordance with law
without being influenced by the Orders passed by the National
Green Tribunal (Western Zone) dated 10th February, 2016 and 26th May, 2016 or any further orders;
may deem fit and proper in the facts and circumstances of the case.”
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“ We are of the opinion that the first part of the order needs modification. But the order virtually bars accepting of Application and processing it for consideration. Thus, maintaining the order passed by us, we feel that we can permit the MCZMA to process the Applications if it has received and process it in accordance with law. But not to declare its result till further order.”
V.M. KANADE, J.
M.S. SONAK, J.
2 issues framed by the court
whether the High Court can interfere with an application pending before the National Green Tribunal.
whether the Court can direct the MCZMA to process the applicants application without waiting for the NGT order.
Nina Bagai Hajela
Union of India
V. M. Kanade
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
