Maharashtra has filed an additional Affidavit dated 5th February 2024 placing on record its actions taken with respect to such other structures. However, Mr. Mone, learned Counsel for the Petitioner is right in pointing out that the said additional Affidavit is completely silent regarding action taken against the illegal structures built by influential persons. He is also right in pointing out that the learned Trial Court granted interim protection till disposal of the Suit by the Order dated 17th March 2023 and the State of Maharashtra has challenged the said Order with great speed within a period of less than two weeks i.e. on 29th March 2023. It is very well known that Appeals are generally filed by the State Government after a considerable delay. Thus, it is clear that the action taken by the State Government is malicious. However, as already noted herein above the entire structure is illegal, unauthorised, and in violation of the CRZ Notifications and the same cannot be protected by the Court only on the ground of mala fides. Mr. Mone, learned Counsel has not even argued that the structure of the resort in question does not violate the CRZ Notifications. It is expected that the State Government will also take action against other illegal structures of influential persons in the vicinity.
