Disposed

Shiv Shakti Welfare Association v. State of Maharashtra Th. Principal Secretary Maharashtra, Forest Dept and 5 Ors.

Bombay HC21 Oct 2024IA/1776/2024

Case brief

AI extract

What is this about?

Residents' association sought electricity connection requiring a sub-station; Forest Department refused NOC citing mangrove buffer zone restrictions. Court directed survey and demarcation by the Divisional Forest Officer with Revenue and MCGM officers within three weeks, after which the Forest Department to reconsider the NOC prayer; matter adjourned to 22 July 2024.

What did the court decide?

Survey and demarcation of non-prohibited area by DFO with Revenue and MCGM officers within three weeks, followed by reconsideration of the NOC prayer by the Forest Department.

Shiv Shakti Welfare Association vs State of… — Environment and Pollution | Bombay HC (2024)

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5-ia-1776-2024.doc

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Shabnoor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.1776 OF 2024 IN

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WRIT PETITION NO.3082 OF 2024

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Shiv Shakti Welfare Association … Applicant V/s.

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State of Maharashtra, Through Principal secretary, Maharashtra & Ors. … Respondents

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Mr. Akshay Patil a/w Mr. Jarin Doshi i/by Doshi & Co. for Petitioner.

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Mr. Abhay Patki, Additional Government Pleader along with Mr. Suraj Gupte, Additional Government Pleader for State/Respondent Nos.1 & 2.

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Ms. Jaya Bagwe for Respondent No.3 (MCZMA).

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Ms. Oorja Dhond i/by Mr. S. K. Sonawane for Respondent No.4 (MCGM).

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Mr. Y. R. Mishra with Mr. S. Singh a/w Mr. Shailendra Mishra for Union of India/Respondent No.5.

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Mr. Satish Kamat for Respondent No.6.

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CORAM : DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

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DATED : JUNE 24, 2024

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P.C.:

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Digitally signed bySHABNOOR SHABNOORAYUB AYUBPATHAN PATHAN Date: 2024.06.25 11:36:52 +0530

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This writ petition, by an association of the residents of certain area primarily raises concern in respect of electricity connection. The electricity connection to the residents is to be

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5-ia-1776-2024.doc

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provided by respondent No.6 and for that purpose electricity sub-station needs to be installed/constructed.

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The requisite No Objection Certificate (for short ‘NOC’) has already been granted by the Maharashtra Coastal Zone Management Authority. However, the said requisite NOC from the Forest Department appears to have been refused.

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Learned counsel for the petitioner has drawn our attention to the order dated 22^nd February 2024 passed by the Divisional Forest Officer, Mumbai Kandalvan Conservation Unit where it is clearly mentioned that the concerned area is partly coming under the mangroves and that there were some mangroves as on 31^st December 2005 and currently there are no mangroves on that site. However, an order passed by this Court in Public Interest Litigation No.87 of 2006 on 17^th September 2018 which inter alia mandates that regardless of ownership of the land having mangroves and the area of the land, no constructions shall be permitted to take place within the area of 50 meters on all sides of all mangroves area has been referred to in the said order, which further states that the area of 50 meters shall be kept free of construction except construction of a compound wall/fencing for protection of mangroves.

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It has been contended by the learned counsel for the petitioner that entire area does not fall within the prohibited area as per the order passed by this Court in Public Interest Litigation No.87 of 2006, and accordingly permission at least for the area not falling within the prohibited area for electricity

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5-ia-1776-2024.doc

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connection can be granted.

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Learned Government Pleader has stated that the area not falling within the prohibited area/buffer zone needs to be surveyed and demarcated.

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Accordingly, we direct that such survey and demarcation shall be undertaken and completed by the Divisional Forest Officer with the help of the Revenue Officers and also the Officers of the Municipal Corporation of Greater Mumbai within three weeks. The demarcation shall clearly be made to depict the area which does not fall within the prohibited zone in terms of the order passed by this Court in Public Interest Litigation No.87 of 2006. Once the demarcation is done as per this order, the appropriate authority of the Forest Department shall reconsider the prayer for grant of NOC for the aforesaid purpose.

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7. Stand over to 22^nd July 2024.

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(AMIT BORKAR, J.)

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(CHIEF JUSTICE)

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Shiv Shakti Welfare Association v. State of Maharashtra Th. Principal Secretary Maharashtra, Forest Dept and 5 Ors.

Case brief

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Shiv Shakti Welfare Association v. State of Maharashtra Th. Principal Secretary Maharashtra, Forest Dept and 5 Ors.

Case brief

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