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2017 Supreme(Bom) 2622

MANJULA CHELLUR, G.S.KULKARNI
PERVIN JEHANGIR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Robin Jaisinghani a/w Jacinta D'Silva, Advocate, Janak Dwarkadas, Senior Advocate, a/w Mr. Zal Andhyarujina & Mr Saeed Mulani i/b Mulani & Co.
For the Respondents:Aspi Chinoy, Senior Advocate a/w Ms. Kiran Bagalia i/b Mrs. Chitra Phadke, Advocate, Ms. Kiran Bagalia i/b Mrs. Chitra Phadke, Advocate, Ms. S.S. Deshmukh, Advocate, Dr. Milind Sathe, Senior Advocate a/w Mr. Parimal Shroff, Mr. D.V. Deokar, Mr. Sachin Pande, Mr. Pinakin Modi i/b M/s. Parimal K. Shroff & Co.
For the Union of India :A.C. Singh, ASG, a/w Y.S. Bhate, Anand Singh and Ms. Indrayani Deshmukh, Advocate.
For the State : Ms. Poornima Kantharia, GP.
For the Corporation :A.Y. Sakhare, Senior Advocate, a/w R.S. Mirupury and Sagar Patil, Advocate.

ORDER :

By our order dated 09/02/2017 awaiting returns to be filed, we had directed that none of the parties would proceed to cut any tree till further orders. The respondents have appeared and have filed counter-affidavits, as also additional affidavits. We have accordingly heard learned Counsel for the parties on the interim prayers as made in the Writ Petitions.

2. These two petitions raise a challenge to the Metro Rail Project namely Mumbai Metro Line 3 to operate between Colaba-Bandra-Seepz (for short 'the Metro 3 project'). The challenge is principally on two grounds, firstly, that the respondent - Mumbai Metro Rail Corporation Ltd. (for short 'the MMRCL) is undertaking illegal felling of trees and secondly on the ground that appropriate clearances are not obtained by MMRCL from the authorities under the Coastal Zone Regulations as contained in the notification dated 06/01/2011 issued by the Government of India, Ministry of Environment and Forest (for short, 'the CRZ notification') and / or the clearances which are granted by the authorities are contrary to the provisions of the CRZ notification.

3. Mr. Janak Dwarkadas, learned Senior Counsel for the petitioner in Writ Petition



































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