Municipal Corporation Of Greater ... vs Union Of India Through The ...
2023 Latest Caselaw 4859 Bom

                                                          1-WP-L-36880-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                  ORDINARY ORIGINAL CIVIL JURISDICTION

                     WRIT PETITION (L) NO.36880 OF 2022

 MUNICIPAL CORPORATION OF GREATER                    )
 MUMBAI                                              )...PETITIONER

          V/s.

 UNION OF INDIA & ORS.                               )...RESPONDENTS

 Mr.Saket Mone a/w. Ms. Shilpa Redkar, Advocate for Petitioner.
 Ms.Priyanka Chavan, Advocate for Respondent No.1 - UOI.
 Ms.Jaya Bagwe, Advocate for Respondent No.2 - MCZMA.
 Mr.Milind More, Addl.Govt.Pleader for Respondents No.3 & 4.


                           CORAM   :   ABHAY AHUJA AND
                                       M.M.SATHAYE, JJ.

                           DATE    :   22 MAY 2023
                                       (VACATION COURT)

 P.C. :

1. Heard the learned Counsel for the parties.

2. By this Petition, the Petitioner Municipal Corporation of

Greater Mumbai is seeking permission of this Court in terms of

paragraph 83(viii) of the judgment and order dated 17 September

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1-WP-L-36880-2022.doc

2018 in Public Interest Litigation No.87 of 2006 for directions to

the Respondents/Authorities to permit the Petitioner for carrying

out the public project of Vinyl sheets pile along with concrete piles

for preventing sliding of garbage heap and to minimize the

percolation of leachate from entering the nallah water at North

East side adjoining Deonar Dumping Ground as the project falls in

an area affected by 50 meters mangroves buffer zone.

3. Mr.Mone, learned Counsel for the Petitioner would submit

that the urgency is that, this being a public project, in view of the

ensuing monsoon season, work needs to be completed on an

emergent basis.

4. Mrs. Bagwe, learned Counsel for Respondent No.2-

Maharashtra Coastal Zone Management Authority (MCZMA)

would submit that they have already granted their permission

with respect to the said project.

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1-WP-L-36880-2022.doc

5. Since, none appears for Respondent No.6 - Bombay

Environment Action Group (BEAG), issue notice to Respondent

No.6, returnable in second week of June.

6. Respondent no.6 is directed to file an appropriate affidavit

in this regard with a copy to the other parties by the second week

of June.

7. List the matter as per the schedule on 19 June 2023 before

the Regular Court.

          (M.M.SATHAYE, J.)                 (ABHAY AHUJA, J.)




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