Bombay High Court
Chetan Kodarlal Vyas vs The Union Of India And 4 Ors on 21 September, 2022
Author: Madhav J. Jamdar
Bench: Dipankar Datta, Madhav J. Jamdar
901-osia-1833-2022
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1833 OF 2022
IN
PUBLIC INTEREST LITIGATION NO. 23 OF 2022
Make Waves Sea Resort Private Limited ...Applicant
In the matter between:
Chetan Kodarlal Vyas & Ors. ...Petitioner
V/s.
The Union of India & Ors. ...Respondents
Mr. Karl Tamboly with Ms. Hansa Advani for the
applicant.
Mr. Saket Mone i/by Ms. Anchita Nair for the
petitioner.
Mr. Rui Rodrigues a/w. Mr. N. R. Prajapati for the
respondent no.1-Union of India.
Mr. Abhay L. Patki, Addl. GP for the respondent
nos. 2 and 3-State.
Dr. Milind Sathe, senior advocate a/w. Ms. Jaya
Bagwe for the respondent no.4-MCZMA.
Mr. A. Y. Sakhare, senior advocate a/w. Ms. K. H.
Mastakar for the respondent no.5-MCGM.
Mr. Pramod Kathane a/w. Mr. Anjaykumar Kori, Mr.
Vikram Kapur, Mr. Anil Jaiswar, Mr. Pramod Yadav
and Mr. Vikas Wagh for the respondent nos. 6 and
7.
Mr. Sunil Mali, Sub-Divisional Officer, Western
Suburban, Bandra, Mumbai Suburban District is
present in Court.
Dr. Kalpesh Bhalerao, Medical Officer of Health,
P/North Ward, Officer of MCGM present in Court.
CORAM: DIPANKAR DATTA, CJ. &
MADHAV J. JAMDAR, J.
DATE: SEPTEMBER 21, 2022
1
901-osia-1833-2022
P.C.:
1. Pursuant to the order passed on 19th September 2022, Mr. Sakhare, learned senior counsel for the Municipal Corporation of Greater Mumbai, has produced a "Death Register". We have found from the entries at Serial Nos. 3055 dated 25th December 1990 and 450 dated 16th February 1991 that there have been cremation of the respective deceased at the subject crematorium on Erangal beach, Malad (West), Mumbai.
2. Since the relevant CRZ notification was issued on 19 th February 1991, it is, therefore, clear that the crematorium was in operation even prior to introduction of restrictions on constructions by the subject notification.
3. We have heard Mr. Mone, learned advocate for the petitioner, Dr. Sathe, learned senior counsel for the Municipal Corporation of Greater Mumbai, Mr. Patki, learned advocate for the Collector, Mumbai Suburban District, Mr. Tamboly, learned advocate for the applicant in the intervention application and Mr. Pramod Kathane, learned advocate for the fishermen community/respondents 6 and 7.
4. We reserve order on the PIL petition.
5. The compilations, and the photographs of the crematorium alleged to be in existence prior to cyclone 'Tauktae' having blown off the overhead shed, filed by the respondents 6 and 7, are marked 'X' (collectively) for identification and shall be retained with the records.
Digitally signed by SONALI (MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) SONALI MILIND MILIND PATIL PATIL Date:
2022.09.22 17:55:18 +0530 2