2022:BHC-AS:2609-DB PMB/Diksha Rane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 20 OF 2022 Sunil Sureshchandra Agarwal ..Petitioner vs.

State of Maharashtra and ors. ..Respondents ------------

Mr. Subhash Jha a/w Mr. Manoj Chauhan, Mr. Siddharth Jha i/b. Law Global Advocates for petitioner.

Mr. P.P. Kakade, Government Pleader a/w Smt. R.A.

Salunkhe, AGP for State.

Mr. Sandeep Marne for respondent no. 4.

Ms. Sharmila U. Deshmukh for respondent no. 6 (MCZMA).

Mr. Vikram Nankani, Senior Advocate a/w Mr. Saket Mone, Mr. Subit Chakrabarti i/b. Vidhi Partners for respondent no.

11.

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CORAM : DIPANKAR DATTA, CJ &

M. S. KARNIK, J.

RESERVED ON : FEBRUARY 8, 2022.

JUDGMENT ON : FEBRUARY 11, 2022.

JUDGMENT (Per 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 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 (Ministr