JUDGMENT

M. M. Sathaye, J. - By this Petition filed under Article 226 of the Constitution of India, the Petitioner (Municipal Corporation of Greater Mumbai) is seeking a writ in the nature of mandamus directing the Respondent authorities to permit the Petitioner to execute a project of proposed suction tank for providing adequate water supply to citizens around Gorai Village. The Petition is filed in view of the finding of this Court recorded at paragraph 83(viii) of the Judgment and Order dated 17th September 2018 passed in PIL No. 87 of 2006 (Respondent No. 6 - Bombay Environment Action Group Vs. State of Maharashtra(hereinafter 'the BEAG's case' for short).

2. It is the case of the Petitioner that it is a statutory body established under Mumbai Municipal Corporation Act, 1888 tasked with various duties including providing potable water to citizens residing within its jurisdiction. As a part of the endevour to provide potable water, the Petitioner has envisaged developing a project site for suction tank of about 40 sq mtrs near the Fish market, Gorai Village at CTS No. 1145(Survey No. 265/A) which is a land owned by the Government of Maharashtra, and the said project site is partly