Sea Green Co-operative Housing Society Ltd. vs Union of India through the Principal Secretary, Department of Environment, Forests and Wildlife, through Central Government Pleader

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Bom) 1701

MOHIT S.SHAH, M.S.SONAK
Sea Green Co-operative Housing Society Ltd. – Appellant
Versus
Union of India through the Principal Secretary, Department of Environment, Forests and Wildlife, through Central Government Pleader – Respondent

Advocate Appeared:
For the Petitioner:Veerendra Tulzapurkar, Sr. Advocate with Nikhil Sakhardande, Prakash Pandit, Prachi Pandit i/by N.R. Gandhi, Advocates.
For the Respondents:R1, Parag Vyas, Union Government, S.U. Kamdar, Sr. Advocate for MCGB, R5 to R8, Pravin Samdani, Sr. Advocate with Snehal Shah, Amita Jasani, Mr. Ritesh Jain, Ms. Megha Martins i/by M/s. Purnanand & Co., Advocates, N.P. Pandit, AGP.

Judgment

Mohit S. Shah, J.

1. Rule was issued in this matter on 2 April 2014.

2. The Petitioner co-operative housing society challenges the stop work notice dated 1 February 2012 issued by Respondent no.3 Maharashtra Coastal Zone Management Authority (`MCZMA'). The petition raises question about applicability of Coastal Regulation Zone (`CRZ') Notification dated 6 January 2011 read with Development Control Regulations for Greater Mumbai, 1991 (`DC Regulations, 1991').

3. The facts leading to filing of this writ petition, briefly stated, are as under.

(a) The Petitioner is the lessee of land admeasuring approximately 1,672 sq. mtrs. (equivalent to 2,000 sq.yards) in Worli, Mumbai. The Petitioner co-op. society with 18 members constructed a building in the year 1959-60. The land in question falls under Coastal Regulatory Zone-II within 500 meters from high tide line on landward side.

(b) On 13 November 2000, the Petitioner submitted plans for redevelopment of the building to Respondent no.4 Municipal Corporation of Greater Mumbai (`Municipal Corporation') for construction of area of 2,224.09 sq. mtrs. and free of Floor Space Index (`FSI') area of 234.37 sq. mtrs.. The plans were approved

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2014 Supreme(Bom) 1701

MOHIT S.SHAH, M.S.SONAKSea Green Co-operative Housing Society Ltd. – AppellantVersusUnion of India through the Principal Secretary, Department of Environment, Forests and Wildlife, through Central Government Pleader – Respondent

MOHIT S.SHAH, M.S.SONAK
Sea Green Co-operative Housing Society Ltd. – Appellant
Versus
Union of India through the Principal Secretary, Department of Environment, Forests and Wildlife, through Central Government Pleader – Respondent