Zoru Darayus Bhathena vs. Maharashtra State Road Development Corporation Ltd

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 8449/2019

(Arising out of impugned final judgment and order dated 08-02- 2019 in WPL No. 17/2019 passed by the High Court Of Judicature At Bombay)

ZORU DARAYUS BHATHENA Petitioner(s)

VERSUS

MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD. & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.45305/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.45304/2019- PERMISSION TO FILE PETITION SLP)

Date : 01-04-2019 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH

• For Petitioner(s) Mr. Shyam Divan, Sr. Adv. Mr. Gopal Sankaranarayanana, Adv. Mr. Jatin Zaveri, AOR Neel Kamal Mishra, Adv.
• For Respondent(s) Mr. A.S. Bhasme, Sr. Adv. Mr. Pankaj Kumar Mishra, AOR Mr. A. Bhasme, Adv.

UPON hearing the counsel the Court made the following O R D E R

Permission to file Special Leave Petition is granted.

Delay condoned.

The petitioner who was not a party to the Writ Petition (L) No.17 of 2019 filed chamber summons for being impleaded as respondent. The petitioner also submitted that no relief shall Digitally signed by VISHAL ANAND Date: 2019.04.03 16:07:52 IST Reason: Signature Not Verified

be granted with reference to areas of Juhu Koliwada bridge. By the impugned judgment, the High Court directed the Maharashtra State Road Development Corporation to file an undertaking within a period of one week that it shall strictly comply with the conditions as imposed in the permissions granted by various authorities i.e. MCZMA, Environmental Clearance and the Forest Clearance. In view of the said order passed by the High Court, the chamber summons was disposed of.

Mr. Shyam Divan, learned senior counsel appearing on behalf of the petitioner submitted that the CRZ clearance of the MoEF initially granted on 9th January, 2013 for a period of five years was extended on 7th February, 2019. According to Special Condition No.8(i) thereof only road on stilt in the mangrove area can be constructed. It was further mentioned in the said CRZ clearance that there would be permanent loss of about 150 sq.m. mangroves and 50 sq.m. temporary loss during construction in Versova and Carter connector. He also referred to the State Environment Impact Assessment Authority (SEIAA) and Environmental Clearance dated 02nd February, 2017 to submit that according to the said clearance no mangrove shall be disturbed. He further relied upon the 'in-principle approval' granted by the MoEF Forest Department on 20th December, 2018 pertaining to the diversion of 2.9907 hectares of forest land at Village Versova, Juhu and Bandra.

Mr. Divan submits that the undertaking that was directed to be filed by the petitioner must have been filed by Respondent No.1. As the High Court is in seisin of the matter pertaining

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to the undertaking that was to be filed before the Court, we grant liberty to the petitioner to approach the High Court and make submissions regarding the points urged before us.

Needless to say that, the petitioner shall be permitted to file a Special Leave Petition if an adverse order is passed against him.

The Special Leave Petition is disposed of in the aforesaid terms.

Pending application(s) shall also stand disposed of.

(GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR