Disposed

Jaywant Industrial Premises Co-Operative Society Ltd. and Anr. v. State of Maharashtra and 6 Ors.

Bombay HC12 Dec 2018WP/2566/2018

Case brief

AI extract

What is this about?

Petition challenged the 2018 Coastal Zone Management Plan regarding non-classification of Haji Ali water body as a bay. Court directed MCZMA to decide rectification application and disposed of petition without expressing merits.

What did the court decide?

Court directed MCZMA to decide Petitioner's application for rectification of 2018 CZMP.

Jaywant Industrial Premises Co-Operative Society… — Environment and Pollution | Bombay HC (2018)

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wp 2566.18.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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WRIT PETITION NO. 2566 OF 2018

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Jaywant Industrial Premises Co-operative Society Ltd. and anr. .. Petitioners Vs. State of Maharashtra and ors. .. Respondents

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Mr.Milind Sathe, Senior Counsel a/w Mr.Bhushan Deshmukh, Ms.Bindi Dave, Mr.Raghav Gupta & Mr.Kashish Mainkar I/b Wadia Ghandy & Co., for the Petitioners.

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Mr. A.L. Patki, Addl. GP for State for Respondents No. 1 & 3. Mr.A.R.Varma a/w Mr.Parag A. Vyas, for Union of India – Respondents No. 2, 4 & 7.

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Ms.Sharmila Deshmukh, for Respondent No.4. Mr.H.C. Pimple, for MCGM – Respondent No. 5.

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

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DATE : 12^th DECEMBER, 2018

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P.C. :

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. Learned Senior Counsel appearing for the Petitioners

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submits that the final Coastal Zone Management Plan, 2018 (“2018 CZMP”) has been published on 20^th October, 2018. He

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submits that despite the Petitioners's objections/suggestions

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made to the draft plan, the water body at Haji Ali has not been classified as a 'bay' in the 2018 CZMP. He seeks liberty to approach the Maharashtra Coastal Zone Management Authority (“MCZMA”) in accordance with the Coastal Regulation Zone Notification, 2011 for rectification of the 2018 CZMP.

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The Petitioners may approach MCZMA raising all contentions before the MCZMA including its contention that classification/ non-classification of tidal influenced water bodies cannot be done merely on the basis of maps prepared by the Naval Hydrographic Office and on that basis the water body at Haji Ali is required to be classified as a 'bay' in the 2018 CZMP.

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We make it clear that we are not expressing any view on the merits of the matter.

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The MCZMA to decide the Petitioners's application

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for rectification of the 2018 CZMP in accordance with law.

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Writ Petition is accordingly disposed of. No order as

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to costs.

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

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Jaywant Industrial Premises Co-Operative Society Ltd. and Anr. v. State of Maharashtra and 6 Ors.

Case brief

What is this about?

What did the court decide?

Jaywant Industrial Premises Co-Operative Society Ltd. and Anr. v. State of Maharashtra and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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