VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 1676 OF 1993 The Bombay Environment Action Group & Anr. Petitioners Vs. State of Maharashtra & Ors. Respondents Mr. M. S. Doctor i/b M/s. M. V. Jaykar & Co., for Petitioners. Mr. M. Jadhav i/b M/s. Solomn & Co. with A. B. Nagare for the Respondent No. 7. Mr. Vinay Masurkar with Kiran Kanlapile for Union of India, respondent No. 6. CORAM : BILAL NAZKI, AND A. P. BHANGALE, JJ. DATE : APRIL 16, 2008. PC :- . The grievance of the petitioners is that respondent No. 7 started construction of a hotel in the area, which according to them falls in CRZ-1, and in terms of the relevant regulations no construction was permissible in such an area. Respondent No. 7 contends that the area where the construction was being carried out after obtaining permission from respondent No. 4, did not fall in an area which falls in CRZ-1. The question whether the area falls in CRZ-1, CRZ-2 or CRZ-3 or whether construction would be permissible in an area - 2 - which is in the coastal belt, has to be dealt with by the Ministry of Environment and Forests, Govt. of India, in accordance with the regulations. Therefore, even if permissions were granted by respondent No.4 to the respondent No. 7, it would not entitle him to make construction, if the area falls within CRZ regulations. The petitioner submits that they have moved application before the Ministry of Environment and Forests on September 17, 1996 and perhaps the application could not be considered, in view of pendency of this writ petition. In the mean time he is suffering because this Court has passed order of stay and he could not make construction of the hotel. In this view of the matter, we dispose of the petition, directing respondent No. 7 not to proceed with the construction of hotel in the premises in question, on the basis of permission granted to him by the respondent No.4, unless he gets clearance from the Ministry of Environment and Forests. The Ministry of Environment and Forests is directed to process the application of the respondent No.7 and pass appropriate orders within three months, after receiving copy of this order. Sd/- [ BILAL NAZKI, J. ] Sd/- [ A. P.BHANGALE, J.]