1 os-nmw-549-09-pil-87-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 549 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 87 OF 2006. Bombay Environmental Action Group & Anr. ..Petitioners. vs. The State of Maharashtra & Ors. ..Respondents. And Thane Municipal Corporation, through the Commissioner. ..Applicant. .... Mr. Ram Apte, Senior Counsel, a/w. Mr. N.R. Bubna, for Applicant. Mr. Gautam Patel, i/b. M.V. Jayakar & Co., for Petitioner. .... CORAM : MOHIT S. SHAH, C.J. & S.J.KATHAWALLA, J. DATE : 20TH DECEMBER 2010. P.C. The Applicant Thane Municipal Corporation has taken out this Notice of Motion seeking permission for reconstruction of the school building of the Applicant at Survey No. 116 part, 117 part, 212 part of Sector No.10, Village Sabe, Diva, District Thane. The Applicant has also made another prayer regarding re-classification of the land bearing Survey Nos. 124 and 43 at Mumbra from CRZ-I to CRZ-II. 2. We have heard the learned Counsel for the Applicant and the learned Advocate for the Petitioners in the Public Interest Litigation. We dispose of the Notice of Motion and make it clear 2 os-nmw-549-09-pil-87-06 that permission sought for is granted, subject to the Applicant obtaining permission from the concerned Ministry. So far as second prayer is concerned, it is for the Ministry of Environment and Forests to reclassify the land. The learned Counsel for the Corporation states that such Application of the Corporation is pending before the Ministry of Environment and Forests. If that be so, we direct that the pending Application be disposed of by the Ministry of Environment and Forests within two months from the receipt of this order. The Applicant shall serve a copy of the pending Application along with a copy of this order on the Ministry of Environment and Forests. 3. The Notice of Motion accordingly stands disposed of. CHIEF JUSTICE [ S.J. KATHAWALLA, J. ]