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2024 Supreme(Bom) 322

JITENDRA JAIN, A. S. CHANDURKAR
Mumbai Metropolitan Region Development Authority – Appellant
Versus
Union of India, Through Ministry of Environment Forest & Climate Change – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saket Mone, with Mr. Shrey Shah, i/by Vidhi Partners.
For the Respondents: Mr. Devang Vyas, ASG with Mr. Kedar B. Dighe, Ms. Jaya Bagwe, Mr. N.C. Walimbe, Addl. G.P., Ms. Sheetal Shah with Mr. Sanjay Maji, i/by Mehta & Girdharilal.

JUDGMENT :

(A.S. Chandurkar, J.)

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The petitioner, a Statutory Body, established under the Mumbai Metropolitan Region Development Authority Act, 1974, has preferred this writ petition seeking permission to undertake construction of Metro Line – 5 at Kasheli Bridge and Durgadi Fort, Village Kasheli, Taluka Bhiwandi, District Thane. In view of the directions issued in Public Interest Litigation No.87 of 2006 (Bombay Environmental Action Group and Anr. Vs. The State of Maharashtra and Ors.) along with connected matters, decided on 17th September 2018, leave of the Court has been sought by urging that the project is of public importance.

3. According to the petitioner, under the Mumbai Metro Master Plan, about 118 kms. of elevated Metro Corridors are to be erected. In that regard, the petitioner has obtained various statutory permissions and approvals. On 9th May 2017, a proposal to that effect came to be submitted to the Maharashtra Coastal Zone Management Authority (MCZMA). In its 119th meeting held on 28th to 30th June 2017, the MCZMA vide Item No.88 considered the proposal that was presented by th

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