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 CHAMBER CHAMBER CHAMBER SUMMONS NO.383 OF 2007 SUMMONS NO.383 OF 2007 SUMMONS NO.383 OF 2007 IN IN IN P.I.L. P.I.L. P.I.L. NO.87 OF 2006 NO.87 OF 2006 NO.87 OF 2006 Bombay Environmental Action Group and Anr. ..Petitioner V/s. The State of Maharashtra & Ors. ..Respondents And Charkop Shri Shivsamarth Co-operative Hsg. Society Ltd. ..Applicant ....... Mr. G.S. Godbole for the Applicants Mr. Gautam Patel i/by M.V. Jaykar & Co. for the Petitioner Mr. N.P. Pandit, AGP for Respondent Nos.1,5,5A & 9 Mr. R. Raghuwanshi, ASG with Rajiv Chawan & Ms. Rutuza Ambekar for Respondent No.2 Mr. J.M. Patade i/by Mr. R.V. Govilkar for Respondent No.3 Ms. P.A. Purandare for Respondent No.4 ....... 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 : 4TH SEPTEMBER, 2008 : 4TH SEPTEMBER, 2008 : 4TH SEPTEMBER, 2008 P.C.: . Heard learned counsel for the parties. It is submitted that this Court may pass appropriate orders in the matter considering the peculiar facts and circumstnaces. Therefore, we pass following order:- : 2 : "1. The Applicant is seeking modification of the order dated 6.10.2005 passed in PIL No.87 of 2006 (Writ Petition Lodging No.3246 of 2004) to the extent of permitting MCGM and MHADA to dig up the road in front of the building of the Applicant Society situated at Plot No.842, RSC-12, Charkop, Kandivali (W), Mumbai-67 for the purpose of providing municipal water connection to the Applicant Society which is not being provided to the Applicant Society by MCGM on account of directions contained in order dated 6.10.2005 passed by this Hon’ble Court in PIL No.87 of 2006. The Applicant is hereby allowed to intervene in PIL No.87 of 2006. 2. In view of the fact that the construction of the building of the Applicant Society is already complete, further in view of the fact that members of the Applicant Society are occupying their respective tenements without any municipal water connection and further, in view of the fact that the Municipal water pipeline is already laid down underneath the road in front of the building of the Applicant Society on northern side at a distance of about 1-3 meters; MCGM is permitted to supply water to the applicant Society through the said municipal water pipeline without cutting mangroves, as the fact of the case, such a connection cannot be said to be development or construction. It is however accepted that there are even today mangroves on the southern side of the building plot and none of these mangroves will be cut or in any way affected by virtue of this order. 3. It is made clear that the questions whether while developing the Charkop layout under the World Bank sponsored scheme, any violation of the CRZ Notification has been made by MHADA and whether there was any destruction of any mangroves while developing the said layout are expressly kept open to be agitated and considered at the time of final hearing of PIL No.87 of 2006 and the order passed in the present Chamber Summons shall not be construed as an order validating any earlier action of : 3 : MHADA and / or MCGM. The contentions of the respective parties in that regard are expressly kept open to be agitated at the time of final hearing of PIL No.87 of 2006. 2. The Chamber Summons is disposed off as per above terms of Minutes of Order. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)