IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.416 OF 2006 OF MOTION NO.416 OF 2006 OF MOTION NO.416 OF 2006 IN IN IN P.I.L. P.I.L. P.I.L. NO.87 OF 2006 NO.87 OF 2006 NO.87 OF 2006 The Bombay Environmental Action Group & Anr. ..Petitioners V/s. The State of Maharashtra & Ors. ..Respondents And Om Shree Vinayak Co-operative Housing Society Ltd., ..Applicants .... Mr. Gautam Patel i/by M.V. Jaykar & Co. for the Petitioner Mr. K.K. Singhavi, Sr.Advocate with Ms. P.A. Purandare for Respondent-BMC R.V. Govilkar for Respondent No.3 Mr. R.Raghuwanshi, ASG with Mr. Rajiv Chawan for Respondent-Union of India Mr. R.S. Apte, Sr.Advocate for Respondent NMMC Ms.Nityoah Mehta with Ms. Kusum Maurya & Jay Mehta i/by Nityoah Suneel & Associate - Applicant ..... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE :14TH JANUARY, 2009 :14TH JANUARY, 2009 :14TH JANUARY, 2009 P.C.: 1. This Notice of Motion has taken out by the applicants for directing the authorities to withdraw the : 2 : notice dated 5th December, 2005 issued against the applicants in respect of building property at Plot No.56, Sector 50, Nerul Node, Navi Mumbai and the same be exempted from the order dated 6th October, 2005. 2. It is the contention of the applicants that their building does not come within CRZ I or II both and does not fall within 50 meters from the mangroves. This fact has now been accepted by the Respondent-Municipal Corporation, who had issued stop work notice and the respondent-Coastal Zone Management Authority. In view of this, no orders are required to be passed in the Notice of Motion for the reason that the applicants can complete their project as it does not contravene any statutory provisions including CRZ I and II and as the building is located 50 meters away from the mangroves, the prohibitory orders passed by this Court on 6th December, 2005 do not apply to their case. 3. The Notice of Motion stands disposed of accordingly. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)