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2018 Supreme(Bom) 1747

A.S.OKA, RIYAZ I.CHAGLA
Navi Mumbai Environment Preservation Society – Appellant
Versus
Ministry of Environment – Respondent


Advocates Appeared:
Shiraz Rustomjee, Adv., Vinod Kumar Punshi, Adv., A.B. Vagyani, Adv., Nisha Mehra, Adv., S.U. Kamdar, Adv., Ranjith Nair, Adv., Amrita Joshi, Adv., Nikhil Kapoor, Adv., Sandeep V Marne, Adv., P.K. Dhakephalkar, Adv., Sharmila U Deshmukh, Adv., Parag Vyas, Adv., Ravi Kadam, Adv., Vikram Nankani, Adv., Saket Mone, Adv., Ashish Rao, Adv., Subit Chakrabarti, Adv., Vishesh Kalra, Adv., Neha Joshi, Adv., Vijay Hiremath, Adv., Subhash Jha, Adv., Siddh Vidya, Adv., Ankita Pawar, Adv., Siddharth Jha, Adv., Sanjana Pardeshi, Adv., G.S. Hegde, Adv., C.M. Lokesh, Adv., P.M. Bhansali, Adv., R.V. Govilkar, Adv.

JUDGMENT :

A.S. OKA, J.

1. PIL No.218/2013 is filed inter alia for inviting attention of the Court to destruction of mangroves in Navi Mumbai (New Bombay). A judicial notice will have to be taken of the fact that in early 60s, on the recommendations made by the committee headed by Shri S.G.Barve, a retired Civil Servant, the State Government took a decision to set up a satellite city of Navi Mumbai to reduce congestion in the city of Mumbai.

Accordingly, from the year 1970, lands in 95 villages in Thane and Raigad districts were en-bloc acquired under the provisions of the Land Acquisition Act, 1894 for setting up a satellite city of Navi Mumbai. The area of Navi Mumbai is about 344 square kilometers. It is pointed out in the petition that Navi Mumbai is known for its picturesque wetlands. It is pointed out that Navi Mumbai has a creek line of 150 km with a dense mangroves bed of about 50 sq.km, various water bodies and mud flats which support various categories of flora and fauna. It is pointed out that Navi Mumbai is located 1 meter below mean high tide level and hence, it is im













































































































































































































































































































































































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