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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DIPANKAR DATTA, M.S. KARNIK, JJ.
Sunil Sureshchandra Agarwal – Appellant
Versus
State of Maharashtra and Ors. – Respondents
Public Interest Litigation No. 20 of 2022
Decided on : 11-02-2022
Fraud - Environmental Violation - CRZ 2011 Notification - [M.S. Karnik, J.]
Fact of the Case:
The petitioner, a Chartered Accountant, filed a PIL petition challenging the legality and propriety of permissions granted for a golf course project in Navi Mumbai. The petitioner alleged fraud and violation of environmental laws by the project proponent and statutory authorities. The petitioner claimed to have recently obtained documents reflecting massive fraud in the tender process.
Finding of the Court:
The Court held that the challenge to the project and permissions was barred by res judicata and constructive res judicata, as the issues were substantially adjudicated in a previous PIL filed by the same petitioner. The Court also noted that the challenge to the tender process had attained finality following a decision by the Supreme Court. The Court declined to entertain the present PIL petition.
Issues: 1. Whether the challenge to the project and permissions was maintainable despite a previous adjudication on similar grounds. 2. Whether the challenge to the tender process was permissible after attaining finality in the Supreme Court.
Ratio Decidendi: The Court held that the present PIL petition was not maintainable as the issues raised were substantially adjudicated in a previous PIL and the challenge to the tender process had attained finality. The Court also emphasized the jurisdiction of the National Green Tribunal to deal with environmental issues and the need to avoid conflict of orders between High Courts and the NGT.
Final Decision: The writ petition was dismissed with no order as to costs, and the petitioner was not precluded from exploring other remedies available to him.
JUDGMENT :
M.S. Karnik, J.
1. The petitioner has approached this Court by way of the present Public Interest Litigation petition filed under Article 226 of the Constitution of India for the following reliefs: -
(b) that this Hon’ble court may be pleased to call for the records and proceedings concerning different permissions granted by CIDCO, MCZMA, State Environment Impact Assessment Authority, Forest Department, Maha Rera etc. which enables Mistry Construction Co. Pvt. Ltd., the Respondent No.11 herein, to start digging/excavation/piling work on pockets ‘D’ and ‘E’ at Sector 60, adjacent to NRI Complex, Palm Beach Road, Nerul, Navi Mumbai and after examining the legality, validity and/or propriety of CIDCO inviting tender for development of 18 hole international standard golf course and country club in Pockets A to E which comprises of 35.55 H.a in view of the same falling under Coastal Regulation Zone Map for Navi Mumbai Municipal Corporation as per 2011 Notification be quashed and set aside in view of the entire process right from inviting RFP dated 18.10.2002 being fraudulent one;
(c) that this Hon’ble Court may be pleased to quash and set aside different sanctions/permissions obtained and/or granted in favour of Mistry Construction Co. Pvt. Ltd. by authorities such as CIDCO, MCZMA, State Environment Impact Assessment Authority, Forest Department, Maha Rera etc. concerning pockets ‘D’ and ‘E’ at Sector 60, adjacent to NRI Complex, Palm Beach Road, Nerul, Navi Mumbai may be pleased to quash and set aside the same;
(d) that this Hon’ble court may be pleased to direct the Space Application Centre - Ahmedabad, Water Resource Department-Government of Maharashtra, Survey of India - National Mapping Agency of Country, Department of Science and Technology - Government of India, Waterbody Information System - GOI, Wetland Grievances Redressal Committee and or a committee be directed to be drawn out of such State and Central agencies and they be directed to have complete satellite mapping of present and past wetland, waterbodies, mangroves, hills/mountains, CRZ, inter tidal zone etc. and such natural resources be directed to be preserved and protected by framing a robust policy in respect thereof and the information of such mapping and or inventorising be made available on the websites of all such agencies;
(e) that this Hon’ble court may be pleased to direct Konkan Commissioner who is also president of wetland grievance redressal committee and mangrove redressal committee in consultation with its committee members comprising of at least two members of the committee drawn from NGO like Vanashakti/NMEPS/BEAG or such other NGO working for environment, National Centre for Sustainable Coastal Management (Ministry of Environment, Forest and Climate Change) be directed to identify CRZ/wetland out of pockets D and E, including its buffer zone and thereupon fence the area so as to ensure that CRZ/Wetland falling under pockets D and E, Sector 60, Nerul, Navi Mumbai remains preserved and protected from any construction/development/reclamation, encroachment etc.;
(f) that this Hon’ble court may be pleased to direct the state government to form a committee of such personnel as may be deemed necessary for initiating action against authors of letter dated 19.1.2017 (Exhibit-’Q’) approval granted by MCZMA by letter dated 11.1.2018 (Exhibit-’S’), opinion given by Senior Law Officer, CIDCO dated 30.05.2019 (Exhibit-’Z-13’) and all other such letter/orders/communication w
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