VANASHAKTI, A PUBLIC TRUST vs UNION OF INDIA AND 4 ORS.

Judgment text excerpt

F-J-Vanashakti - PIL 20 of 2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 20 OF 2013 Vanashakti, a Public Trust … Petitioner Versus 1. Union of India through the Secretary, Ministry of Environment and Forests 2. Maharashtra Coastal Zone Management Authority 3. State of Maharashtra (i) through its Principal Secretary, Department of Environment (ii) through its Principal Secretary (Forests), Department of Revenue 4. Municipal Corporation of Greater Mumbai 5. The Chief Forest Conservator, Thane Circle, Department of Revenue & …Respondents Forest. Ms. Gayatri Singh, Senior Advocate, a/w Mr. Zaman Ali and Mr. Yogesh H. Pandey for Petitioner. Mr A. Y. Sakhare, Senior Advocate, a/w Mr. Yashodeep Deshmukh, Mr. Rohan Mirpury, Ms. Anuja Tirmali, i/b Sunil Sonawane for Respondent-MCGM. Dr. Birendra Saraf, A. G., a/w Smt. P. H. Kantharia, GP & Smt. Jyoti Chavan, Addl. G.P. for Respondent-State. Mr. Parag Vyas, a/w Mr. Vinit Jain, for Respondent No.1-UoI. Ms. Shaba Khan, i/b Mr. Mihir R. Govilkar, for Respondent Digitally signed by No. 2-MPCB. ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2025.05.02 17:11:28 +0530 Ms. Jaya Bagwe, for Respondent No. 3-MCZMA. Page 1 of 87 May 2, 2025 Ashwini Vallakati F-J-Vanashakti - PIL 20 of 2013.doc CORAM: G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ. Reserved on : JULY 29, 2024 Pronounced on : MAY 2, 2025 JUDGEMENT: (Per, Somasekhar Sundaresan J.) Introduction: 1. This Petition essentially lays a challenge to the de-notification of 119.91 Hectares of land located at Survey No. 275 (Part) located at Village Kanjur (Kanjurmarg) in the coast of the Thane Creek (“Subject Land”), which was classified as a “protected forest”. The de-notification was effected for creatio