Zoru Darayus Bhathena vs. Bharat Petroleum Corporation Ltd

ITEM NO.20 COURT NO.1 SECTION IX

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.12186/2024

(Arising out of impugned final judgment and order dated 23-01-2024 in WPL No.33627/2023 15-02-2024 in IA(L) No.3743/2024 passed by the High Court of Judicature at Bombay)

ZORU DARAYUS BHATHENA Petitioner(s)

VERSUS

BHARAT PETROLEUM CORPORATION LTD. & ORS. Respondent(s)

(With IA No.78702/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.78700/2024-PERMISSION TO FILE SLP)

Date : 26-04-2024 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s) Mr. Gopal Sankaranarayanan, Sr. Adv. Ms. Pooja Dhar, AOR Mr. Tushad Kakalia, Adv. Ms. Jhanvi Dubey, Adv. Ms. S. Ambica, Adv. Ms. Aakarti Vikas, Adv. For Respondent(s) Mr. Tushar Mehta, SG Ms. Preeti Gupta, AOR

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

• 1 Permission to file the Special Leave Petition is granted.
• 2 The submission which has been urged on behalf of the petitioner by Mr Gopal Sankaranarayanan, senior counsel, inter alia, is based on the provisions of Clause 5.1.1(ii) of the Coastal Regulation Zone notification dated 18 January 2019. Activities such as laying of pipelines are permitted only in the mangroves buffer area which has been defined to be fifty meters in clause 2.1.1(a)(i).
• 3 Issue notice, returnable in two weeks.
• 4 Mr Tushar Mehta, Solicitor General appears on behalf of first respondent on caveat and waives service.
• 5 Liberty to serve the Standing Counsel for the State of Maharashtra, in addition.
• 6 Counter affidavit be filed within two weeks.
• 7 List the Special Leave Petition on 13 May 2024.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar