Bombay High Court
Chetan Kodarlal Vyas vs The Union Of India And 4 Ors on 22 October, 2021
Author: A.L. Pansare
Bench: A.A. Sayed, A.L. Pansare
k 1/2 6 PIL l 23498.21 os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO.23498 OF 2021
Chetan Kodarlal Vyas ....Petitioner
V/S
The Union of India & Ors. ....Respondents
...
Mr. Saket Mone a/w Ms. Anchita U. Nair i/b Ms. Anchita U. Nair for the
Petitioner.
Mr. Rui Rodrigues a/w Mr. N.R. Prajapati for Respondent No.1-UOI.
Mr. Abhay L. Patki, Additional Government Pleader for the Respondent
Nos.2 and 3-State.
Ms. Sharmila Deshmukh for Respondent No.4-MCZMA.
Ms. K.H. Mastakar for the Respondent No.5-MCGM.
...
CORAM : A.A. SAYED &
A.L. PANSARE, JJ.
DATE : 22 OCTOBER 2021. P.C.:
1 The above PIL relates to construction at Erangal beach, situated at CTS No.1413 Erangal village, Malad (West), Mumbai. From the photographs it is apparent that the offending structure, construction of which appears to be in progress, is on the beach and prima facie contrary to CRZ Notification dated 6 January 2011 as modified from time to time. 2 We direct the Respondent Nos.3, 4 and 5 to nominate an Officer from their Departments, who will jointly carry out survey of the offending structure 1/2 k 2/2 6 PIL l 23498.21 os.doc and file a Report in this Court by the next date. The joint survey shall be carried out on 27 October 2021 at 11 a.m. Needless to say that in the event it is found that the construction is illegal, appropriate action will be taken by the Respondent-Authorities forthwith.
3 Until the next date there shall be a stay to further construction. 4 List the PIL on 17 November 2021, high on board.
5 All concerned to act on an authenticated copy of this order.
(A.L. PANSARE, J.) (A.A. SAYED, J.) katkam Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2021.10.22 13:18:50 +0530 2/2