Disposed

The Bombay Environment Action Group v. the State of Maharashtra and Ors. and Mumbai Railway Vikas Corporation (Applicant)

Bombay HC21 Nov 2018NMW/446/2018

Case brief

AI extract

What is this about?

The Bombay High Court in Public Interest Litigation No. 87 of 2006 disposed of the Notice of Motion filed by Mumbai Railway Vikas Corporation seeking permission to remove mangroves for a 5th and 6th railway line project. The Court permitted the Applicant to file a fresh independent petition for consideration of merits on its own.

What did the court decide?

The Notice of Motion is disposed off; Applicant permitted to file fresh independent petition for merits consideration.

The Bombay Environment Action Group Vs the State of… — Environment and Pollution | Bombay HC (2018)

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nmw 446.18.doc

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Urmila Ingale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 446 OF 2018 IN PUBLIC INTEREST LITIGATION NO. 87 OF 2006

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Mumbai Railway Vikas Corporation .. Applicant

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In the matter between

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The Bombay Environment Action Group and anr. .. Petitioners Vs.

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The State of Maharashtra and ors. .. Respondents

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Mr.Jai Chhabria I/b M.V.Jayakar & Co., for the Petitioners. Ms.Kiran Baghalia, for Applicant. Ms.Geeta Shastri, Addl. GP for State. Mr.S.S.Pakale a/w Mr.H.C.Pimple, for MCGM.

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Mr.Rui Rodrigues a/w Mr.M.R.Prajapati & Mr.Y.R.Mishra, for Union of India.

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Ms.Jaya Bagwe I/b Mr.S.Deshmukh, for Respondent No.3.

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CORAM : NARESH H. PATIL, CHIEF JUSTICE & M.S.KARNIK, J.

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DATE : 21^st NOVEMBER, 2018

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P.C. :

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. The Applicant prays for the following reliefs in the

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Notice of Motion filed on 11/10/2018.

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nmw 446.18.doc

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“(a) The Hon'ble Court be pleased to grant leave to the Applicant, Mumbai Railway Vikas Corporation Ministry of Railways for carrying out construction of 5^th & 6^th lines between Thane and Diva Station of Central Railway in the area of about 0.38 hectare land at Village Mumbra by removal of about 37 Mangroves in accordance with the permission in principle granted by the Minstry of Environment and Forest dated 28^th August, 2018.

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(b) For such other and further orders as the Hon'ble Court may deem just and necessary.”

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In respect of this, judgment is delivered by Division

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Bench of this Court in Public Interest Litigation No. 87 of 2006 with Writ Petition No. 2741 of 2017 with Writ Petition No. 2208 of 2004 (Coram: A.S.Oka and Riyaz I. Chagla, JJ.) on 17/09/2018.

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Learned Counsel appearing for the Petitioners and learned AGP both have placed on record copy of the order passed by the Division Bench of this Court (Coram: Naresh H.Patel, C.J. & G.S.Kulkarni, J.) dated 02/11/2018.

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nmw 446.18.doc

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We have perused the said order.

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In the facts, considering the grounds raised and the issues emerging out of Notice of Motion, we find it appropriate to observe that in case the Applicant desires, it may file a fresh Petition independently raising issues for consideration of this Court. As and when such a Petition is filed, the same would be

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considered on its own merits.

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All issues on merits are kept open.

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The Notice of Motion stands disposed of accordingly.

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(M.S.KARNIK, J.) (CHIEF JUSTICE)

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The Bombay Environment Action Group v. the State of Maharashtra and Ors. and Mumbai Railway Vikas Corporation (Applicant)

Case brief

What is this about?

What did the court decide?

The Bombay Environment Action Group v. the State of Maharashtra and Ors. and Mumbai Railway Vikas Corporation (Applicant)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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