R.M. Savant, J.

1. The above Criminal Application has been filed by the Applicants for quashing the charge sheet dated 11th December, 2012, the FIR No.3 of 2012 registered with the Oshiwara Police Station for offences punishable under Section 15(1) and (2) of the Environment (Protection) Act, 1986 (for short “the EPA 1986”). The Applicants also seek quashing and setting aside of the order dated 11th December, 2012 passed by the Learned Magistrate taking cognizance of the offence.

2. The Applicant No.1 herein is the Chief Promoter of Shree Swami Samartha Prasanna Cooperative Housing Society who granted development rights in or around 1975 to one Samartha Development Corporation which is a partnership firm registered under the provisions of the Indian Partnership Act, 1932. The Applicant No.1 is the original accused in the FIR No.3 of 2012 dated 7th January 2012 registered with the Oshiwara Police Station, Andheri West, Mumbai. The Applicant No.1 has been arraigned as accused No.6 in CC No.2263/PW/2012 pending on the file of the Learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai. The Applicant No.2 is a partner of Samartha Development Corporation which has been entrusted with the development of the land which is the subject matter of the FIR. The Applicant No.3 is the manager working with the said Samartha Development Corporation. The Applicant No.3 has been shown as accused No.4 in the said CC No.2263/PW/2012. It seems that the Applicant Nos.2 and 3 were not originally named in the FIR but were subsequently named in the charge sheet.

3. The subject FIR has been registered by the Circle Officer, Andheri under Section 15(1) and (2) of the Environment (Protection) Act, 1986. The subject land is Plot No.124 which forms part of a scheme sanctioned by the Municipal Corporation vide order No.CE/649/BS 1/ Lokhandwalla. The said laid bears CTS No.1/48/1A/2 of village Oshiwara, Taluka Andheri and admeasures 7747.1 sq. mtrs. As indicated above, it is the Samartha Development Corporation which is entitled to develop the said plot in respect of which it has obtained approvals for construction of buildings on the said plot which buildings comprise of three wings.

4. The plans for the said buildings have been sanctioned by the Municipal Corporation for Greater Mumbai (for short “MCGM”) on 3rd July, 2012 and commencement certificate has been issued on 6th April, 2013. The MCGM has also issued NOC dated 19th July, 2012 from the Water Works Department. The Tree Authority has issued NOC on 5th September, 2012 and provisional NOC has been issued by the MTNL on 26th July, 2012. Since the plot falls in the CRZ area, the Maharashtra Coastal Zone Management Authority (for short “MCZMA”) has vide letter dated 11th November, 2011 recommended the proposed residential construction on the said plot as per the decision taken at the 71st meeting of the MCZMA.

5. It seems that some persons made a complaint to the Tahsildar alleging that mangroves were being destroyed on the said plot of land. Pursuant to the said complaint it seems that a site visit was carried out by the Circle Officer, Nandkumar Balsaraf and the other officers of the Revenue Department on 29th December, 2011. It seems that thereafter a letter came to be addressed by the office of the Tahsildar, Andheri on 5th January, 2012 to the Oshiwara Police Station. The Circle Officer thereafter visited the said Police Station on 6th January, 2012 and ultimately FIR came to be registered on 7th January, 2012. The gist of the allegations in the FIR is to the following effect:

“(a) That an offence has been committed under Section 15(1) and (2) of the Environment (Protection) Act, 1986 (for short “the EP Act, 1986”) by the said Shree Swami Samartha Prasanna Cooperative Housing Society (proposed) which is of the Samartha Development Corporation.

(b) That two or three mangrove trees exist inside a nala which flows at some distance away from the northern boundary of the plot of land, the Applica