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2022 Supreme(Bom) 49

DIPANKAR DATTA, M. S. KARNIK
Sunil Sureshchandra Agarwal – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellant :Mr. Subhash Jha a/w Mr. Manoj Chauhan, Mr. Siddharth Jha i/b. Law Global Advocates
For the Respondent: Mr. P.P. Kakade, a/w Smt. R.A. Salunkhe, Mr. Sandeep Marne, Ms. Sharmila U. Deshmukh, Mr. Vikram Nankani, a/w Mr. Saket Mone, Mr. Subit Chakrabarti i/b. Vidhi Partners

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: -

    “(a) that this Hon’ble court may be pleased to call for the records and proceedings concerning pockets ‘D’ and ‘E’, Sector 60, adjacent to NRI Complex, Palm Beach Road, Nerul, Navi Mumbai and after examining the legality, validity and/or propriety of several permissions granted by CIDCO and other authorities, ignoring the factum of Pockets A to E falling under CRZ 2011 Notification deserves to be quashed and set aside by this Hon’ble court and the same be accordingly quashed and set aside;

(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

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