Arun Niwara Co-Operative Housing Society Ltd. vs Union of India, Th. the Ministry of Environment, Forest and Climate Change

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JVS.

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

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INTERIM APPLICATION NO. 2386 OF 2025 IN

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WRIT PETITION NO. 803 OF 2025

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BASAVRAJ GURAPPA PATIL

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Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2025.09.22 17:44:41 +0530

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Hariyali Jeevan Co-operative Housing } Society Ltd. } Applicant In the matter between Hariyali Jeevan Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION NO. 2387 OF 2025

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IN WRIT PETITION NO. 798 OF 2025

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Kannamwar Nagar Takshashila } Co-operative Housing Society Ltd. } Applicant in the matter between Kannamwar Nagar Takshashila } Co-operative Housing Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION NO. 2388 OF 2025

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IN

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WRIT PETITION NO. 806 OF 2025

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Anand Vasti Co-operative Housing } Society Ltd. } Applicant in the matter between Anand Vasti Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION NO. 2389 OF 2025 IN

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WRIT PETITION NO. 794 OF 2025

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Arun Niwara Co-operative Housing } Society Ltd. } Applicant in the matter between Arun Niwara Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION NO. 2390 OF 2025 IN WRIT PETITION NO. 793 OF 2025

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Post and Telegraphs Staff Co-operative } Housing Society Ltd. } Applicant in the matter between Post and Telegraphs Staff Co-operative } Housing Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION NO. 2391 OF 2025 IN

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WRIT PETITION NO. 799 OF 2025

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Sukalendu Co-operative Housing } Society Ltd. } Applicant in the matter between Sukalendu Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH

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INTERIM APPLICATION (L) NO. 16995 OF 2025 IN WRIT PETITION NO. 3530 OF 2024

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Shramjivi Co-operative Housing } Society Ltd. } Applicant in the matter between Sharmjivi Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION (L) NO. 16997 OF 2025 IN

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WRIT PETITION NO. 807 OF 2025

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Kannamwar Nagar Sindhudurg } Co-operative Housing Society Ltd. } Applicant in the matter between Kannamwar Nagar Sidhudurg } Co-operative Housing Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION (L) NO. 16999 OF 2025 IN

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WRIT PETITION NO. 796 OF 2025

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Vikramchandra Co-operative Housing } Society Ltd. } Applicant in the matter between Vikramchandra Co-operative Housing } Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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WITH INTERIM APPLICATION (L) NO. 17012 OF 2025 IN WRIT PETITION NO. 3592 OF 2024

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Kannamwar Nagar Gulmohar } Co-operative Housing Society Ltd. } Applicant in the matter between Kannamwar Nagar Gulmohar } Co-operative Housing Society Ltd. } Petitioner versus Union of India & Ors. } Respondents

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Mr. Saket Mone with Ms. Anchita Nair, Ms. Fatema Kothari i/b. Vidhi Partners, Advocates for the Applicants in all applications.

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Ms. Samiksha Kanani with Ms. Gayatri Naik, Advocates for Respondent No. 1.

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Mr. Suraj Gupte, AGP for Respondent No. 2 in IA/2386/2025.

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Mr. Vishal Thadani, Additional Government Pleader with Mr. Vishal Khanavkar, AGP for Respondent No. 2 in IA/2387/2025.

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Ms. Vaishali Chaadhani, Additional Government Pleader with Ms. Poonam Mittal, AGP for Respondent No. 2 in IA/2388/2025.

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Ms. P. H. Kantharia, Government Pleader with Ms. Nazia Sheikh, AGP for Respondent No. 2 in IA/2389/2025.

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Mr. Mohit Jadhav, Additional Government Pleader with Mr. Prashant Kamble, AGP for Respondent No. 2 in IA/2390/2025.

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Mr. Dipesh Siroya, AGP for Respondent No. 2 in IA/2391/2025.

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Ms. P. H. Kantharia, Government Pleader with Ms. Varsha Sawant, AGP for respondent no. 2 in IAL/16995/2025.

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Ms. Jyoti Chavan, Additional Government Pleader with Ms. Fatima Lakadwalla, AGP for Respondent No. 2 in IAL/16997/2025.

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Ms. P. H. Kantharia, Government Pleader with Ms. Lavina Kriplani, AGP for Respondent No. 2 in IAL/16999/2025.

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Ms. Anupama Pawar, AGP for respondent No. 2 in IAL/17012/2025.

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Ms. Neha Prabhu, Advocate for Respondent Nos. 3 to 5. Ms. Jaya Bagwe, Advocate for Respondent No. 6.

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Ms. K. H. Mastakar i/b. Ms. Komal Punjabi, Advocates for Respondent No. 7.

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CORAM: SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

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DATE: 11^th SEPTEMBER 2025

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P.C.:

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Ten writ petitions filed by different Co-Operative Housing Societies were taken up for hearing and disposed of by an order dated 13^th February 2025 giving a liberty to the petitioner-Societies to make an application to the Maharashtra Coastal Zone Management Authority (in short, MCZMA) within a period of four weeks for redevelopment activities to be carried out in the different buildings allegedly falling under buffer zone CRZ-I area.

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The petitioners, for the reasons indicated in the order dated 25^th March 2025, could not make their applications before the competent Authority and, therefore, approached this Court by filing the applications vide Interim Application No. 1000 of 2025 and analogous interim applications seeking extension of time. On 25^th March 2025, the aforementioned interim applications came to be allowed by extending the time for making applications to the MCZMA by a further period of eight weeks.

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Similar interim applications have been filed by Hariyal Jeevan Co-operative Housing Society Ltd. and other Co-Operative Housing Societies seeking extension of time by further eight weeks to approach the respondent-Authority of MCZMA. 4. Ms. Jaya Bagwe, the learned counsel for MCZMA has raised objections to these interim applications. We are also of the view that these applicants were not deligently pursuing the matter and the interim applications which were required to be filed before 25^th May 2025 came to be filed only on 9^th June 2025. We further find that the agenda for authorization of Mr. Arun B. Mankar was discussed and approved only on 6^th June 2025. Quite apparently, the litigants seem not to be vigilant litigants. Therefore, we are inclined to impose some costs on the applicants for moving this Court at a

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belated stage. At the time when the writ petitions were disposed of by the order dated 13^th February 2025, these applicants made an assessment and sought time from the Court which was granted for making an application before the competent Authority of the MCZMA.

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In the result, the applications are allowed with costs of Rs.50,000/- to be paid by each of the applicants as mentioned below, within a period of four weeks.

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Board Sr. No.	Interim Application Number	Costs Amount	To be paid in favour of
3	IA/2386/2025	50,000/-	Children Aid Society, Mumbai Account No. 02370100005612 Bank Name : UCO Bank Branch – Matunga IFSC : UCBA0000237
4	IA/2387/2025	50,000/-	Girija Welfare Association Account No. 309006361574 Bank Name : RBL Bank Branch-Kharghar IFSC: RATN0000078
5	IA/2388/2025	50,000/-	(c) K.E.M. Hospital, Poor Box Charity Fund Account No. 99350100000877 (S.B.) Bank Name: Bank of Baroda Branch : Parel Branch IFSC: BARB0DBPARE (5TH Letter is Zero) MICR No.: 400012246
6	IA/2389/2025	50,000/-	(d) The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch: Mumbai Main IFSC Code : BKID0000001
7	IA/2390/2025	50,000/-	Central Police Welfare Fund Account No.: 914010029005759 Bank : Axis Bank Limited Branch: Worli, Mumbai (M.H.), Mumbai 400 025 IFSC Code : UTIB0000060

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8	IA/2391/2025	50,000/-	National Association for the Blind Account No.: 3740000100008551 Bank: Punjab National Bank Branch: Worli Seaface IFSC Code : PUNB0374000
10	IAL/16995/2025	50,000/-	Kirtikar Law Library Account No.: 000110110012632 Bank: Bank of India Branch : Mumbai Main IFSC Code : BKID0000001
11	IAL/16997/2025	50,000/-	Maharashtra Chief Minister’s Relief Fund Bank Account: 10972433751 State Bank of India, Main Branch, Fort, Mumbai IFSC Code – SBIN0000300
12	IAL/16999/2025	50,000/-	Mahila Vikas Mandal, Colaba Bank Account No.: 03820100002611 Bank of Baroda, Backbay Reclamation Branch, Mumbai – 20 IFSC Code – BARB0BACKBA A/c Name – Mahila Vikas Mandal Colaba A/c. Type – Savings.
13	IAL/17012/2025	50,000/-	The Welfare of Stray Dogs UCO Bank Saving Account No. 00030100023880 D. N. Road Branch MICR Code: 400028007 IFSC Code : UCBA0000003

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The applicants shall file compliance affidavit to the said effect in the Registry within four weeks.

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[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]

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Arun Niwara Co-Operative Housing Society Ltd. v. Union of India, Th. the Ministry of Environment, Forest and Climate Change

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Arun Niwara Co-Operative Housing Society Ltd. v. Union of India, Th. the Ministry of Environment, Forest and Climate Change

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