Bombay High Court
Jayaji Krishna Nath vs Navi Mumbai Municipal Corporation ... on 1 July, 2021
Author: G. S. Kulkarni
Bench: Dipankar Datta, G. S. Kulkarni
38-pilst 94964-20.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1365 OF 2021
IN
PUBLIC INTEREST LITIGATION (ST.) NO.94964 OF 2020
Maharashtra Coastal Zone Management
Authority. ...Applicant
In the matter between
Mr.Jayaji Krishna Nath ...Petitioner
vs.
Navi Mumbai Municipal Corporation & Ors. ...Respondents
.....
Mrs.Sharmila Deshmukh, for the Applicant-Respondent No.3.
Ms.Anagha Desai, for petitioner.
Mr.Sandeep Marne, for Respondent No.1.
Mr.Anil C.Singh, ASG with Mr.Aditya Thakkar, Mr.D.P.Singh and
Mr.Yash Momaya, for Respondent No.2/UOI.
Mr.Manish Kelkar, for Intervenor.
.....
CORAM :- DIPANKAR DATTA, CJ &
G. S. KULKARNI, J.
DATE :- JULY 01, 2021. PC :
1. By this application, the Maharashtra Coastal Zone Management Authority-respondent no.3 prays for an extension of time to decide the application of respondent no.1-Navi Mumbai Municipal Corporation (for short 'the Municipal Corporation') for rejuvenation of storm water drain system and de-silting of 'eleven holding ponds' situated within the Navi Mumbai Municipal Corporation area. Such ponds are scattered in the diferent nodes namely at Airoli, Vashi, Belapur, Koparkhairane.
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2. By an order dated May 24, 2021 passed by a coordinate Bench of this Court, the applicant was directed to decide such application of the municipal corporation, within two weeks from the date of the MCZMA's meeting, which was proposed to be held on May 31, 2021.
3. In the memo of the application the applicant has set out the reasons as to why the application could not be decided. It is stated that for the meeting scheduled on May 31, 2021, the independent expert members on mangroves, were not available. In the subsequent meeting held on June 10, 2021, the municipal corporation's application was extensively deliberated, consequent to which a proposal was presented for de-silting of eleven holding ponds. The Municipal Commissioner presented that about 11 hectors i.e. 1,10,000 square meters of mangroves would be afected, in approaching the mangrove's area with equipment for de- siltation of holding ponds. Various other facets touching the said activities came to be discussed. It was decided that a sub-committee be appointed to make a site visit and study various aspects of the proposal.
4. The applicant has stated that considering the environmental impact due to clearing of the mangroves, the authority could not take a fnal decision on the said proposal of the municipal corporation. It is stated that now the sub- committee and the Mangrove Cell would be required to conduct a site visit to the eleven holding ponds and after Prashant Rane 2/3 ::: Uploaded on - 03/07/2021 ::: Downloaded on - 03/07/2021 21:13:00 ::: 38-pilst 94964-20.docx considering the ground conditions and various study reports, a detailed report would be submitted to the applicant. In these circumstances, the applicant has prayed for extension of time for a period of four months.
5. We have heard the learned Counsel for the applicant and the learned Counsel for the original petitioner and the respondents.
6. Having considered the reasons as set out in the memo of the application, we note that substantial steps have been taken to approach the issue, so as to take a fnal decision on the application of the municipal corporation, in compliance of the direction of this Court, in its order dated May 24, 2021. We are hence of the opinion that the peculiar circumstances, would justify a further extension of time. We, accordingly, direct that the applicant shall take a fnal decision on the proposal of the municipal corporation, as expeditiously as possible, and in any event, within a period of three months from today.
7. Allowed in the above terms. No costs.
(G. S. KULKARNI, J.) (CHIEF JUSTICE) Prashant Rane 3/3 ::: Uploaded on - 03/07/2021 ::: Downloaded on - 03/07/2021 21:13:00 :::