Allowed

Maharashtra Coastal Zone Management Authority v. Mr. Jayaji Krishna Nath and Ors.

Bombay HC1 Jul 2021IA/1365/2021

Case brief

AI extract

What is this about?

In a PIL concerning coastal zone management, the Court granted an extension of time to the Maharashtra Coastal Zone Management Authority to decide an application by the Navi Mumbai Municipal Corporation for rejuvenation of storm water drains and de-silting of eleven holding ponds, allowing three months to finalize the decision.

What did the court decide?

Extension of time granted; the applicant shall take a final decision within three months from the date of the order.

Maharashtra Coastal Zone Management Authority Vs… — Environment and Pollution | Bombay HC (2021)

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38-pilst 94964-20.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1365 OF 2021 IN

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PUBLIC INTEREST LITIGATION (ST.) NO.94964 OF 2020

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Maharashtra Coastal Zone Management Authority.

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...Applicant

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In the matter between

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Mr.Jayaji Krishna Nath

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...Petitioner

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vs.

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Navi Mumbai Municipal Corporation & Ors. ...Respondents

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Mrs.Sharmila Deshmukh, for the Applicant-Respondent No.3. Ms.Anagha Desai, for petitioner. Mr.Sandeep Marne, for Respondent No.1. Mr.Anil C.Singh, ASG with Mr.Aditya Thakkar, Mr.D.P.Singh and Mr.Yash Momaya, for Respondent No.2/UOI. Mr.Manish Kelkar, for Intervenor.

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CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

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DATE :- JULY 01, 2021.

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PC :

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By this application, the Maharashtra Coastal Zone Management Authority-respondent no.3 prays for an extension of time to decide the application of respondent no.1-Navi Mumbai Municipal Corporation (for short ‘ the Municipal Corporation’ ) for rejuvenation of storm water drain system and de-silting of ‘eleven holding ponds’ situated within the Navi Mumbai Municipal Corporation area. Such ponds are scattered in the diferent nodes namely at Airoli, Vashi, Belapur, Koparkhairane.

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Prashant Rane

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38-pilst 94964-20.docx

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By an order dated May 24, 2021 passed by a coordinate Bench of this Court, the applicant was directed to decide such application of the municipal corporation, within two weeks from the date of the MCZMA’s meeting, which was proposed to be held on May 31, 2021.

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In the memo of the application the applicant has set out the reasons as to why the application could not be decided. It is stated that for the meeting scheduled on May 31, 2021, the independent expert members on mangroves, were not available. In the subsequent meeting held on June 10, 2021, the municipal corporation’s application was extensively deliberated, consequent to which a proposal was presented for de-silting of eleven holding ponds. The Municipal Commissioner presented that about 11 hectors i.e. 1,10,000 square meters of mangroves would be afected, in approaching the mangrove’s area with equipment for desiltation of holding ponds. Various other facets touching the said activities came to be discussed. It was decided that a sub-committee be appointed to make a site visit and study various aspects of the proposal.

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The applicant has stated that considering the environmental impact due to clearing of the mangroves, the authority could not take a fnal decision on the said proposal of the municipal corporation. It is stated that now the subcommittee and the Mangrove Cell would be required to conduct a site visit to the eleven holding ponds and after

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Prashant Rane

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38-pilst 94964-20.docx

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considering the ground conditions and various study reports, a detailed report would be submitted to the applicant. In these circumstances, the applicant has prayed for extension of time for a period of four months.

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We have heard the learned Counsel for the applicant and the learned Counsel for the original petitioner and the respondents.

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Having considered the reasons as set out in the memo of the application, we note that substantial steps have been taken to approach the issue, so as to take a fnal decision on the application of the municipal corporation, in compliance of the direction of this Court, in its order dated May 24, 2021. We are hence of the opinion that the peculiar circumstances, would justify a further extension of time. We, accordingly, direct that the applicant shall take a fnal decision on the proposal of the municipal corporation, as expeditiously as possible, and in any event, within a period of three months from today.

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7. Allowed in the above terms. No costs.

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(G. S. KULKARNI, J.) (CHIEF JUSTICE)

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Prashant Rane

Maharashtra Coastal Zone Management Authority v. Mr. Jayaji Krishna Nath and Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra Coastal Zone Management Authority v. Mr. Jayaji Krishna Nath and 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

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