Bombay High Court
M/S. Kailas Developers vs Vasai Virar City Municipal Corporation ... on 5 September, 2023
Author: G.S. Patel
Bench: G.S. Patel
2023:BHC-AS:25813-DB 907 TO 910-ASWPST-23660-2023.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 23660 OF 2023
Shree Swastick Builder through its Authorised & ...Petitioners
Ors
Versus
Vasai Virar City Municipal Corporation through ...Respondents
its Commissioner & Ors
WITH
WRIT PETITION (ST) NO. 24016 OF 2023
Sunshine Developers & Anr ...Petitioners
Versus
Vasai Virar City Municipal Corporation through ...Respondents
its Commissioner & Ors
WITH
WRIT PETITION (ST) NO. 24017 OF 2023
Ace Property Developers ...Petitioner
AMOL Versus
PREMNATH
JADHAV Vasai Virar City Municipal Corporation through ...Respondents
Digitally signed by
AMOL PREMNATH
its Commissioner & Ors
JADHAV
Date: 2023.09.06
09:29:50 +0530
WITH
WRIT PETITION (ST) NO. 24038 OF 2023
Kailas Developers ...Petitioner
Versus
Vasai Virar City Municipal Corporation through ...Respondents
its Commissioner & Ors
Page 1 of 3
5th September 2023
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907 TO 910-ASWPST-23660-2023.DOC
Ms Sneha Prabhu, i/b Kinnari Mehta, for the Petitioner in all WPs.
Ms Molina Thakur, AGP, for Respondents Nos. 2 & 3-State, in all
WPs.
Ms Swati Sagvekar, for Respondent No.1 in all WPs.
Ms Jaya Bagwe, for Respondent No. 4 (MPCB) in all WPs.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 5th September 2023 PC:-
1. All these orders take exception to the refusal of Vasai Virar City Municipal Corporation ("VVCMC") to issue an occupancy certificate. For some reason that we are unable to understand, the VVCMC seems to want to do this on a wholesale rather than a retail basis. One order of the Court is not enough, it seems. We have to make orders in every single matter. In every single matter, the complaint is that VVCMC insists that there must be a renewed or revalidated environmental clearance ("EC").
2. One Bench of this Court of GS Kulkarni & RN Laddha, JJ on 21st March 2023 in Writ Petition No. 2825 of 2022 (at page 184 at Exhibit "N" of Writ Petition (L) No. 23660 of 2023) said this was an incorrect approach after fully considering the law on the subject. On 28th June 2023, there followed a substantially similar order by another Bench of Sunil B Shukre and Rajesh Patil, JJ in Writ Petition No. 7292 of 2023 at Exhibit "O" at page 191. A third order of 22nd June 2023 is at page 194. It was made in Writ Petition No. 7292 of 2023.
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3. We ourselves passed a detailed order in Writ Petition No. 10155 of 2023 (Cosmos Prime Project Private Limited v Vasai Virar City Municipal Corporation & Ors) on 24th August 2023 and held that while a Consent to Operate from the Maharashtra Pollution Control Board may require periodic renewal or revalidation, an Environmental Clearance is for the project when it is first proposed and does not require renewal.
4. Yesterday, for the reasons set out in our order dated 24th August 2023 in Cosmos Prime Project, we made Rule absolute.
5. We follow that order and make the same order in these Writ Petitions also. All Petitions are disposed of with a direction to the VVCMC to grant the Occupancy Certificate to the Petitioners no later than within three weeks from today without insisting on a renewal or revalidation of the Environmental Clearance already granted and submitted. It goes without saying that this order does not dispense with the requirement for any other compliance that may be required under the applicable control regulations or development planning law.
6. All these Petitions are disposed of in these terms. There will be no order as to costs.
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