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2011 Supreme(SC) 115

P.SATHASIVAM, B.S.CHAUHAN
Krishnadevi Malchand Kamathia – Appellant
Versus
Bombay Environmental Action Group – Respondent


Advocates Appeared:
For the Appearing Parties:Ram Jethmalani, Pramod Swarup, Dushyant A. Dave, A.Y. Chitale, Shekhar Naphade, Sr. Advocates, Ms. Parena Swarup, Vijay Kumar, Abhindra Maheshwari, Vishwajit Singh, Ms. Madhvi Divan, D. Bharat Kumar, Ms. M. Indrani, Abhijit Sengupta, Ms. Sunaina Dutta, Ms. Snigdha Pandey, Mrs. Suchitra Atul Chitale, Nishantha Kumar, Sanjay V. Kharde, Ms. Asha Gopalan Nair, Ms. Anagha S. Desai, Ahmad Abadi, Ms. Sangeeta Kumar, Advocates.

Judgment :

Dr. B.S. CHAUHAN, J.

1. Civil Appeal No. 4421 of 2010 was disposed of by this Court vide judgment and order dated 7.5.2010 giving liberty to the appellants therein to approach the Bombay High Court to seek appropriate relief. During the pendency of the appeal, the appellants were given liberty to approach the District Collector concerned to seek permission to repair the bund. The Collector allowed the appellants to repair the bund subject to certain conditions. The parties in the appeal have filed three applications alleging various violations of the orders passed by this Court, as well as by the District Collector.

I.A.No. 23/2010

2. This application has been filed by the District Collector, Mumbai Suburban District, to initiate the contempt proceedings against the appellants Krishnadevi Malchand Kamathia & Ors. for violating the order of this court dated 7.5.2010 in Civil Appeal No.4421 of 2010 and his own order dated 27.1.2010 in respect of Survey No. 344 CTS No. 1 of Village Dahisar, Taluka Borivali, Mumbai Suburban District and, to issue directions to remove the newly constructed bund and allow sea water to come in so as to save the mangrove forest. Further direction

























































































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