Allowed

Pranav Teerth Mission for Mankind and Ors. v. State Government of Maharashtra and Ors.

Bombay HC3 Aug 2018PIL/157/2006

Case brief

AI extract

What is this about?

This two-judge bench disposed of a pending Public Interest Litigation and a Civil Application regarding a proposed bridge alignment over Kelshi creek. The Court accepted the Petitioner's statement that the new alignment protects sand dunes and mangroves and MCZMA approval. It vacated the ad-interim order restraining construction and permitted respondents to proceed. Petitioners retain the right to

What did the court decide?

Ad-interim order prior to this date vacated; PIL and Civil Application disposed of.

Pranav Teerth Mission for Mankind and… — Constitutional and Fundamental Rights | Bombay HC (2018)

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24-PIL-157-2006.DOC

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Jsn

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 157 OF 2006 WITH CIVIL APPLICATION NO. 198 OF 2015

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The Executive Engineer … Applicant In the matter between Pranav Teerth Mission for Mankind and Ors. … Petitioners Versus State Government of Maharashtra & Ors. … Respondents

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Mr. S.R. Ronge, for the Petitioners

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Mrs. R.A. Salunkhe, AGP for Applicant in CAI and for Respondent Nos. 1 to 3 in PIL.

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CORAM: A.S. OKA AND RIYAZ I. CHAGLA, JJ. DATE: 3RD AUGUST, 2018

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PC:-

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Jitendra Shankar Nijasure

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1. We have perused the averments made in Civil Application No. 198 of 2015. In paragraph 7 onwards, it is stated that there is a change of alignment made of the bridge over Kelshi creek. In the application it is pointed out that as a result of ad-interim order of this Court, now the cost of construction of the bridge has substantially increased. It is stated that in view of the ad-interim order that the alignment of the bridge has undergone a change. The alignment has been changed in a such manner that sand dunes and mangroves are protected. It is stated that even MCZMA has granted approval to the proposed alignment.

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Digitally signed by Jitendra Shankar Nijasure Date: 2018.08.14 17:06:55 +0530

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24-PIL-157-2006.DOC

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2. There is an Affidavit in Reply filed by one Shrikrishna L. Godbole, a Director of the Petitioner No.1 on behalf of the Petitioners. In paragraph 10 of the Affidavit Shrikrishna L. Godbole has stated thus:-

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“10. In so far as para no.8 of the Civil Application is concerned, the Applicants have annexed a copy of the alignment plan. I say that the Applicant has averred that alignment of the proposed bridge will be diverted in order to protect the sand dune and mangroves in the said area. I say that appropriate orders may be passed in the background of the said alignment plan and the statements and averments on the part of the Applicant in so far as diversion of alignment of the proposed bridge is concerned”.

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3. As the stand of the State Government is that alignment of the bridge has been changed with a view to protect sand dunes and mangroves in the area, it is not necessary now to keep Public Interest Litigation pending.

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4. Accordingly by accepting statements made in the Civil Application as well as statements made in the paragraph 10 of the Affidavit of Shrikrishna L. Godbole, we dispose of the Public Interest Litigation. The ad-interim order which was operating till today stands vacated. We make it clear that in case the Respondents start construction which will adversely affect sand dunes and mangroves, the Petitioner can always file a fresh

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24-PIL-157-2006.DOC

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Petition in accordance with law.

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5. The Civil Application does not survive and the same is disposed of.

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( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J )

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Pranav Teerth Mission for Mankind and Ors. v. State Government of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Pranav Teerth Mission for Mankind and Ors. v. State Government of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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