-Report by Mushkan Vasani
Bombay High Court while hearing the writ petition on 24thFebruary, 2023 in the case of Municipal Corporation of Greater Mumbai (Petitioner) Versus Union of India & Ors (Respondents) allows the writ petition subject to compliance of conditions.
In the present case, the Petitioner is seeking permission for the execution of the proposed project of a suction tank for providing water supply (basic necessity) to the citizens of Gorai Village who are facing a shortage of water supply in their vicinity. The project is being developed on the land owned by the State Government and the said project is partly affected by the mangrove buffer zone area.
Respondents no. 1-5 have granted sanction and NOC subject to no destruction to the mangroves due to construction and subject to the permission of this Hon’ble Court for construction in the mangrove buffer zone. The Respondents have also reserved their rights concerning revocation and suspension of sanctions granted in case of non-compliance with conditions. Another clause concerning a fresh application/proposal is to be filed by the petitioners in case of alteration/ deviation of the proposed project.
The Respondents stated that all the sufficient safeguards in respect of environmental protection in the due course of construction and until completion of the project be taken into consideration.
The petitioner contended before this hon’ble court to permit them to execute the proposed project.
The respondents (except Respondent no. 6) agreed on the permit subject to compliance with the conditions mentioned in the sanction. However, Respondent no. 6 contended that the proposal should not differ from the actual work and stay be granted.
The Hon’ble Court after hearing all the facts in the present case allowed the writ petition for the public interest on the following grounds :
1. The petitioners are to apply for fresh permission in case of alteration/deviation in the proposed project.
2. Undertaking by a responsible officer of the Petitioner concerning compliance of all the conditions in sanction granted be filed within 1 week from the date of this order i.e 24th February, 2023, and copy to be served to the Respondents.
3. IA no. 4655 of 2022 stands disposed of.
4. Rejected the stay applied by Respondent no. 6 at this stage of the matter.
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