Hardrock Construction Pvt. Ltd. Thr Its Auth . Rep. Sajid Y. Patel vs State of Maharashtra and Ors.

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed
by PRAVIN
PRAVINDASHARATHPANDIT DASHARATHPANDITDate:2025.08.05
10:10:49
+0530

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WRIT PETITION NO. 5719 OF 2024 Diocesan Trust Vasai .. Petitioner Versus State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 12132 OF 2024 Samarth Realtors .. Petitioner Versus State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 13436 OF 2024 Hardrock Construction Pvt. Ltd. .. Petitioner Versus State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 13897 OF 2024 Pinnacle Land Developers .. Petitioner Versus State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 14462 OF 2024 Nelson Simon Rebello .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 13545 OF 2024

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Omprakash Rammilan Gaud .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 16751 OF 2024

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Manohar Narayan Gharat .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 16761 OF 2024 Hemant Anant Raut .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 16755 OF 2024 Rajesh Rangnath Patil .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents

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WITH

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WRIT PETITION NO. 223 OF 2025 Shabanali Jummanali Khan .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 8289 OF 2025

M/s. Vinayak Realty

.. Petitioner

Versus

State of Maharashtra & Ors. .. Respondents

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Mr. Shambhu M. Jha (Through VC) for petitioners in all the writ petitions.

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Mr. Vaibhav Charalwar, “B” Panel Counsel for respondent-State in WP/5719/2024.

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Ms. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar, Addl. Govt. Pleader and Ms. G. R. Raghuwanshi, AGP for Respondent-State in WP/12132/2024, WP/13436/2024, WP/13897/2024 and WP/223/2025.

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Ms. Shruti D. Vyas, Addl. Govt. Pleader with Ms. Nisha M. Mehra, AGP for respondent-State in WP/14462/2024 and WP/13545/2024.

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Mr. Kedar B. Dighe, Addl. Govt. Pleader and Ms. G. R. Raghuwanshi, AGP for respondent-State in WP/16751/2024 and WP/16761/2024.

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Ms. V. R. Raje, AGP for respondent-State in WP/16755/2024.

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Mr. P. P. Kakade, Addl. Govt. Pleader with Ms. V. R. Raje, AGP for respondent-State in WP/8289/2024.

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Ms. Swati Sagvekar for respondent no.3 - Vasai Virar City Municipal Corporation in all the writ petitions.

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Mr. Manish Kelkar for respondent no.4 – State Wetlands Authority in all the writ petitions.

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CORAM: ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. DATE: 4^th AUGUST, 2025

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P.C.:

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1. In this bunch of writ petitions, an issue with regard to inclusion of the lands of the petitioners in wetlands arises for consideration.

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2. This Court by an order dated 7^th July, 2025 has decided the aforesaid issue in Writ Petition No. 7333 of 2023 (Ramnik Hothibhai Faria & Ors. vs. State of Maharashtra & Ors.) and other connected matters. The order dated 7^th July, 2025 reads thus: -

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“ P.C.:

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1. In this bunch of Writ Petitions, a similar issue with regard to inclusion of the lands of the Petitioners in wetlands arise for consideration. All these Petitions were therefore heard finally and are being decided by this common order.

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2. For being facility of reference facts of Writ Petition No.7333 of 2023 are being referred.

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3. The Ministry of Environment, Forests and Climate Change, prepared National Wetland Atlas for Maharashtra. A Division Bench of this Court on 14 October 2013 passed an order in Public Interest Litigation No.87 of 2023 directing the State Government to take a decision either to adopt the Wetland Atlas prepared by the Central Government or to prepare a brief document in respect of Wetland Atlas for the State of Maharashtra. Therefore the Urban Development Department of Government of Maharashtra issued the Circular on 18 December 2013 in which a direction was issued to the Municipal Corporations not to allow land reclamation for any form of construction in areas identified as wetlands in the National Wetlands Atlas prepared by the Central Government unless the same was permitted by this Court. The District Collector on 22 August 2016 prepared a brief document identifying the wetlands in Palghar District.

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4. The State Government by an order dated 6 February 2018 constituted State Wetlands Authority and directed all the District Collectors in the State of Maharashtra to prepare a brief document identifying wetlands in their Districts and directed them to submit the same before the State Wetlands Authority. The Deputy Director, Town Planning on 4 April 2018 identified the wetlands which were situated within the boundaries of the Vasai-Virar City Municipal Corporation. The Petitioners submitted an Application on 12 March 2023 with a view to develop the land to Deputy Director, Town Planning, Vasai, Virar and Palghar. The Deputy Director thereupon issued a Zone Confirmation Certificate on 26 April 2023 stating that the lands of the Petitioners were reserved as wetlands as per the Wetland Atlas and sought NOC from the State Wetlands Authority. Thereupon being aggrieved, the Petitioners have filed these Petitions.

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5. In these Petitions, the challenge is made to the decision taken by the Deputy Director, Town Planning interalia on the ground that while issuing the Zone Confirmation Certificate, the Deputy Director, Town Planning Authority has not taken into account the brief document prepared by the State Wetlands Authority.

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6. The learned Senior Counsel as well as Counsel for the Petitioners fairly submitted that the brief documents in relation to wetlands were reviewed by the State of Maharashtra and it was found that the same were not as per the Wetland (Conservation and Management) Rules 2017. Thereupon on 30 August 2023 the State Government has appointed National Centre for Sustainable Coastal Management (NCSCM) for preparation of these documents for the entire State of Maharashtra.

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7. It is further submitted that the process for initiation of fresh brief documents has been undertaken and Petitioners be granted the liberty to submit their representations before the NCSCM/State Wetlands Authority and the NCSCM/State Wetlands Authority be directed to consider the representations which may be

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submitted by the Petitioners. It is further submitted that in case the Petitioners approach the State Wetlands Authority, suitable action on their representations be directed to be taken. It is also submitted that the State Government be directed to prepare the brief documents expeditiously in a time bound manner.

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8. On the other hand, learned counsel for the State Wetland Authority has pointed out that the Supreme Court in Anand Arya vs. Union of India¹ has directed each of the States/Union Territory Wetlands Authorities to complete the ground truthing within a period of three months. The State Wetlands Authority on 15 January 2025 has informed the Supreme Court about the status of ground truthing and had stated before the Supreme Court that ground work exercise for the entire State of Maharashtra will be completed by 31 March 2025 and the NCSCM has completed the boundary demarcation of 4,129 wetlands as per the National Wetlands Atlas status. It is further submitted that the matter is subjudice before the Supreme Court and the Director, NCSCM vide letter has submitted revised report for boundary delineation and ground truthing of wetlands and has informed that boundary delineation for all wetlands (23,415) is complete and ground truthing is complete for 12,916 wetlands as per SAC Wetland Atlas 2021 and the ground truthing is planned to be completed by 30 November 2025 and brief documents will be prepared by 30 April 2026.

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9. We have considered the submissions canvassed by both the sides and perused the record. Since a fresh exercise about preparation of a brief documents is being undertaken by the State Wetlands Authority and the matter is subjudice before the Supreme Court, we refrain from expressing any opinion on merits. However, in the facts and circumstances of the case, we are inclined to issue the following directions:

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i) The Petitioners shall be permitted to raise all such contentions as may be permissible in law before NCSCM/State Wetlands Authority. The

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1 Writ Petition (Civil) No.304 of 2018, order dated 11 December 2024.

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NCSCM/State Wetlands Authority shall consider the objections prepared by the Petitioners while preparation of a brief documents.

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ii) As undertaken by the State Wetlands Authority before the Supreme Court, the brief documents shall be prepared on or before 30 April 2026.

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iii) In case any of the grievances of the Petitioners survive for consideration, it will be open for them to approach the Supreme Court.

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iv) If Petitioners are aggrieved by the decision of the State Wetlands Authority and their lands continue to be reflected in the new brief documents, they would be at liberty to challenge the decision before the appropriate forum in accordance with law.

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10. With the aforesaid directions, the Writ Petitions are disposed of.

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11. In view of the disposal of the Writ Petitions, nothing would survive in the Interim Application and the same is also disposed of .”

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3. The petitions are accordingly disposed of by passing the following order:

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a) The Petitioners shall be permitted to raise all such contentions as may be permissible in law before NCSCM/State Wetlands Authority. The NCSCM/State Wetlands Authority shall consider the objections prepared by the Petitioners while preparation of a brief documents.

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b) As undertaken by the State Wetlands Authority before the Supreme Court, the brief documents shall be prepared on or before 30 April 2026.

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c) In case any of the grievances of the Petitioners survive for consideration, it will be open for them to approach the Supreme Court.

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d) If Petitioners are aggrieved by the decision of the State Wetlands Authority and their lands continue to be reflected in the new brief documents, they would be at liberty to challenge the decision before the appropriate forum in accordance with law.

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3. With the above directions, the writ petitions are disposed of.

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(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)

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Hardrock Construction Pvt. Ltd. Thr Its Auth . Rep. Sajid Y. Patel v. State of Maharashtra and Ors.

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Hardrock Construction Pvt. Ltd. Thr Its Auth . Rep. Sajid Y. Patel v. State of Maharashtra and Ors.

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