1 IN THE HIGH COURT OF JUDICATUTRE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION (1) Writ Petition No.1957 of 2006 1. Oberoi Constructions Private Limited ) a company registered under the ) companies Act, 1956 having its ) registered office at International ) business park, Oberoi Garden Estate ) Goregaon, Mumbai 400 063 ) 2. Mr.Arunkumar Kotian ) Vice President (Corporate Affairs) ) Authorised Representative of the petitioner ) No.1, having his address at International ) Business Park, Oberoi Garden Estate, ) Goregaon, Mumbai 400 063 )..Petitioners Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, ) Mumbai Suburban District, ) Administrative building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forest ) having his address at LBS Marg, Marathon ) Marg, Marathon Chowk, Naupada, ) Thane (West) ) 4. The Tahsildar, Kurla having his office at ) Sindhi Camp, near Gandhi Market,Chembur) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation, ) a statutory Corporation constituted under ) the Mumbai Municipal Corporation Act,1888) having its Office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 )..Respondents Mr.F.S.Nariman with Mr.Aspi Chinoy, Senior Advocates i/b M/s 2 Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.R.Belosey, G.P.a for respondent State. Mr.K.K.Singhavi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (2) Writ Petition No. 2196 of 2006 1.. Godrej & Boyce Manufacturing Co.Ltd. ) a company registered under the Companies ) Act, 1956 having its Registered Office at ) Pirojsha Nagar, Vikhroli, Mumbai 400 079 ) 2. Maneck H.Engineer, ) Sr.Vice President (Construction) of the 1st ) Age 66 years of Mumbai, Indian Inhabitant ) Petitioner having his office at Pirojsha Nagar) Vikhroli, Mumbai 400 079 )..Petitioners vs. 1. The State of Maharashtra, through the ) Secretary, Revenue and Forest Department ) and through the Secretary, Urban Develop- ) ment Department ) 2. The Deputy Conservator of Forests, ) Thane Forest Division, Thane, having his ) office at L.B.S.marg, Marathon Circle, ) Naupada Thane 400 602 ) 3. The Tahsildar, Kurla, having his office at ) Tahsildar's Office, Topiwala College ) Compound, Off.Sarojini Naidu Road, ) Mulund (West), Mumbai 400 080 ) 4. The Municipal Corporation of Brihan Mumbai) a statutory corporation constituted unde r ) the Bombay Municipal Corporation Act,1888 ) having its office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 ) 5. The Assistant Engineer, Building Proposal ) (S& T) Wards, having his office at 4th floor ) Transports Garage Building, Ghatkoper (East) ) Mumbai 400 077 )..Respondents 3 Mr.F.S.Narimana with Mr.Aspi Chinoy, Sr.Advocates i/b M/s Payne and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (3) Writ Petition No. 2937 of 2006 1. Nanabhoy Jeejeebhoy Private Limited ) a company incorporated under the ) Companies Act, 1956 having its registered ) office at Ballard House, 2nd floor, Mangalore ) Street, Fort, Mumbai 400 001 ) 2. Bombay Real Estate Development Company ) Private Laimited, through its Director Mr.Kali ) Edulji Vaid, the Constituted Attorney of the ) petitioner no.1 having its registered office at ) Noshirwan Mansion, Henry Road, Colaba, ) Mumbai 400 001 )..Petitioners Vs. 1. State of Maharashtra ) Manatrayala, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forests, having his) address at LBS Marg, Marathon Chowk, ) Naupada, Thane (West) ) 4. The Tahsildar, Borivli having his office at ) Natakwala Lane, Dr.N.R.Gorade Marg, S.V. ) Road, Borivli (west), Mumbai 400 092 ) 5. Mumbai Municipal Corporation, ) a statutory corporation constituted under the ) Mumbai municipal Corporation Act, 1888 having ) its office at Mahapalika Bhavan, Mahapalika ) Marg, Mumbai 400 001 )Respondents 4 Mr.F.S.Narimana with Mr.Aspi Chinoy, Sr.Advocates i/b M/s Payne and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (4) Writ Petition No. 2093 of 2006 1. Western Rolling Mills Private ) Limited, a Private Limited Company, ) registered under the provisions of the ) Companies Act, 1956 and having its ) registered office at 16th floor, Mittal Towers, ) Nariman Point, Mumbai 400 021 ) 2. Lohitka Properties Private Limited ) a Private Laimited Company registered under) the provisions of the Companies Act, 1956 ) and having its registered office at 11, Vora ) Palace, next to Dena Bank, M.G.Road, ) Kandivli (West), Mumbai 67 ) ..Petitioners vs. 1. The State of Maharashtra, through the Ministries) of Forest and Revenue Mantralaya ) Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Forest Conservator (Security) having ) his address at LBS Marg, Marathon Chowk ) Noupada, Thane West ) 4. The Tahsildar Kurla, having his office at ) Sindhi Camp, Near Gandhi Market, ) Chembur (E), Mumbai 400 077 ) 5. The Mumbai Municipal Corporation, ) constituted under the Bombay Municipal ) Corporation Act, 1888 and having its office ) at Mahapalika Bhavan, Mahapalika Marg ) Mumbai 400 001 ) 5 6. The Sub Registrar of Assurances, Mulund ) Mumbai )..Respondents Mr.J.J.Bhatt, Sr.Advocate with Ms.Anjali Chandurkar i/b M/s Kanga and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (5) Writ Petition No. 2111 of 2006 Vasant Gardens Cooperative Housing ) Society Limited, a Cooperative Society ) registered under the provisions of the ) Maharashtra Cooperative Societies Act, 1960 ) and having its registered office at C.T.S.No.29 ) 32, 617 and 618 of village Malad, Mumbai )..Petitioenrs Vs. 1. The State of Maharashtra, through the ) Ministries of Forest and Revenue ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Forest Conservator (Security) having ) his address at LBS Marg, Marathon Chowk ) Noupada, Thane West ) 4. The Tahsildar Kurla, having his office at ) Sindhi Camp, Near Gandhi Market, ) Chembur (E), Mumbai 400 077 ) 5. The Mumbai Municipal Corporation, ) constituted under the Bombay Municipal ) Corporation Act, 1888 and having its office ) at Mahapalika Bhavan, Mahapalika Marg ) Mumbai 400 001 ) 6. The Sub Registrar of Assurances, Mulund ) 6 Mumbai )..Respondents Mr.J.J.Bhatt, Sr.Advocate with Ms.Anjali Chandurkar i/b M/s Kanga and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (6) Writ Petition No. 2930 of 2006 1. Mihir Developers, ) a firm registered under the partnership Act ) having its office at 2, Indu Sadan, R.H.B. ) Road, Mulund (West), Mumbai 400 080 ) 2. Nitin Padamshi Shah ) of Mumbai Indian Inhabitant a partner of ) the first petitioners, having his office at 2, ) Indu Sadan, R.H.B., Road, Mulund (West) ) Mumbai 400 080 )..Petitioners vs. 1. State of Maharashtra, Mantralaya, ) Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) Mumbai 400 051 ) 3. The Tahsildar, Kurla, having his office at ) Sindhi Camp,near Gandhi Market,Chembur ) (East), Mumbai 400 077 ) 4. The Deputy Conservator of Forests ) having his address at LBS Marg, Marathon ) Chowk, Naupada, Thane (West) ) 5. The Municipal Corporation of Brihan Mumbai) a statutory corporation constituted under ) the Mumbai Municipal Corporation Act,1888) having its office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 ) 6. The Asstt. Engineer, ) 7 Building Proposals ( S & T) MCGM,“T” Ward) Municipal Office, Devidayal Rload, Mulund ) (W), Mumbai 400 080 )..Respondents Mr.H.V.Gala for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (7) Writ Petition No. 2985 of 2006 Gadiraju Subramanyam Raju ) of Mumbai, Indian Inhabitant, residing at ) Flat No. 302, Mantri Smrutim, Chittaranjan ) Road, Vile Parle (East), Mumbai 400 057 ) ..Petitioner Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forest ) having his address at L.B.S.Marg, Marathon ) Chowk, Naupada, Thane (West) ) 4. The Tahsildar, Borivli, having his office at ) Natakwala Lane, Dr.N,.R.Gorade Marg, S.V. ) Road, Borivli (West), Mumbai 400 092 ) 5. Mumbai Municipal Corporation, ) a statutory Corporation constituted under ) the Mumbai Municipal Corporation Act,1888) having his office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 )..Respondents Mr.K.N.Bhandary i/b M/s Bhandary and Bhandary and Co. for petitioners Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. 8 Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (8) Writ Petition No. 2752 of 2006 Aevee Iron and Steel Works Pvt.Ltd. ) a company registered under the companies Act ) 1956, having its registered office at Modern ) Town, Mulund (W), Mumbai 400 080 and also ) at C/o 2, Hill Crest, Plot No.2, N.S.Road No.10 ) JVPD Scheme, Juhu, Mumbai 400 049 )..Petitioners vs. 1. State of Maharashtra, Mantralaya, ) Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forests, having ) his address at LBS Marg, Marathon Chowk ) Naupada, Thane (W) ) 4. The Tahsildar, Kurla having his office at ) Sindhi Camp, near Gandhi Market, Chembur) (E), Mumbai 400 077 ) 5. Municipal Corporation of Greater Mumbai ) statutory corporation constituted under the ) Mumbai Municipal Corporation Act, 1888 ) having its office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 )..Respondents Mr.V.A.Thorat, Sr.Advocate lwith Mr.V.A.Sugdare i/b M/s Dalal and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (9) Writ Petition No. 2060 of 2006 1. Atul Paints and Chemicals Company ) 9 a partnership firm registered under the ) Indian Partnership Act, 1932 through its ) Constituted Attorney Mr.Rashmin G.Rughani) having his office at 11/12, Nagarwala ) Colony, Opp: Laxminarayan Shopping Centre) Poddar Road, Mulund (East),Mumbai 400097) 2 M/s Ashray Realtors ) also a partnership firm registered under ) the Indian Partnership Act,1932 having its ) principal place of business at 11/12, ) Nagarwala Colony, Opp.Laxminarayan ) Shopping Centre, Poddar Road, Mulund (East) Mumbai 400 097 )..Petitioners Vs. 1. State of Maharashtra ) Manatrayala, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forests, having ) his address at LBS Marg, Marathon Chowk ) Naupada, Thane (West) ) 4. The Tahsildar, Kurla having his office at ) Sindhi Camp, near Gandhi Market, Chembur ) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation, ) a statutory corporation constituted under the ) Mumbai municipal Corporation Act, 1888 having) its office at Mahapalika Bhavan, Mahapalika ) Marg, Mumbai 400 001 )..Respondents Mr.P.K.Samdani with Mr.H.J.Shah and Mr.Yogesh Adhia for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (10) Writ Petition No.2315 of 2006 10 1. Usha Ishwarlal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 2. Amilalal Chunilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 3. Pravinchandra Chunilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 4. Sushila Amilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 5. Sadguna Pravinchandra Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 6. Ashok Amilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 7. Bharat Amilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 8. Pratap Amilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 9. Udayan Ishwarlal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 10. Dilip Ishwarlal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) 11 (West), Mumbai 400 054 ) 11. Dhiresh Amilal Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 12. Jayesh Pravinchandra Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) 13. Bhupesh Pravinchandra Parekh ) residing at 46, Tilak Road, 7/3 ) Shobhona Building, Santacruz ) (West), Mumbai 400 054 ) ..Petitioners Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forest ) having his address at L.B.S.Marg, Marathon ) Chowk, Naupada, Thane (West) ) 4. The Tahsildar, Borivli, having his office at ) S.V.Road, Borivli (West), Mumbai 400 092 ) 5. Mumbai Municipal Corporation, ) a statutory Corporation constituted under ) the Mumbai Municipal Corporation Act,1888) having his office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 )..Respondents Mr.P.K.Samdani with Mr.H.J.Shah and Mr.Yogesh Adhia for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (11 ) Writ Petition No. 2971 of 2006 12 Bitcon India Infrastructure ) (formerly known as S.N.Shah and ) Company, a registered partnership ) firm having its registered office at ) 219, Shyam Kamal “C”, B.N.Agrawal ) Market, Vile Parle (East), Mumbai ) 400 057 through its partner Nainesh ) Sanmukhlal Shah ) ..Petitioner Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban District ) New Administrative Building, Bandra (East) ) Mumbai 400 051 ) 3. The Deputy Conservator of Forest ) having his address at L.B.S.Marg, Marathon ) Chowk, Naupada, Thane (West) ) 4. The Tahsildar, Borivli, having his office at ) Natakwala Lane, Dr.N,.R.Gorade Marg, S.V. ) Road, Borivli (West), Mumbai 400 092 ) 5. Mumbai Municipal Corporation, ) a statutory Corporation constituted under ) the Mumbai Municipal Corporation Act,1888) having his office at Mahapalika Bhavan, ) Mahapalika Marg, Mumbai 400 001 )..Respondents Mr.P.K.Samdani i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (12) Writ Petition No. 2418 of 2006 1. Schrader Duncan Ltd. ) a public company within the ) meaning of the Companies Act, ) 1956 having its registered office ) at L.B.S. Marg, Mulund (West) ) 13 Mumbai 400 080 ) 2. Sudhir Phapankar ) Indian Inhabitant, residing at ) H-2/E-13, 1st floor, Shreerang ) CHS Ltd. Thane (West),400 601 )..Petititioners vs. 1. The State of Maharashtra ) represented through the ) Secretary, Department of ) Revenue and Forests ) 2. The Deputy Conservator of ) Forests, having his address at ) LBS Marg, Marathon Chow, ) Naupada, Thane (West) ) 3. The Collector, Mumbai Suburban ) District, having his office at New ) Administrative Building, Bandra ) (East), Mumbai 400 051 ) 4. The Tahsildar, Kurla having his ) office at Topiwala College ) building, 1st floor, Mulund (West) ) Mumbai 400 080 ) 5. Municipal Corporation of ) Greater Mumbai through the ) Municipal Commissioner, ) Mahapalika Marg, Mumbai 400001 )..Respondents Mr.Aspi Chinoy, Sr.Advocate with Mr. J.P.Sen i/b Federal and Rashmikant for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (13) Writ Petition No.1578 of 2006 Runwal Constructions ) a registered partnership firm having ) its registered office at Runwal ) 14 Chambers, 1st road, Chembur, ) Mumbai 400 071 through its ) authorised signatory Amrit Saroj ) ..Petitioner vs. 1. The State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban ) District, New Administrative ) Building, Bandra (East) ) Mumbai 400 051 ) 3. The Forest Guard (Security) ) Mumbai, Office of the Forest ) Conservator, LBS Marg, ) Marathon, Chowk, Naupada ) Thane (West) ) 4. The Tahsildar, Kurla having his ) office at Sindhi Camp, near ) Gandhi Market, Chembur (East) ) Mumbai 400 077 ) 5. Municipal Corporation of ) Greater Mumbai through the ) Municipal Commissioner, )..Respondents Mr.Janak Dwarkadas, Sr.Advocate i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (14) Writ Petition No. 1722 of 2006 Atithi Builders ) a registered partnership firm ) having its registered office at 43/11 ) Rajabahadur Building, Tamarind ) Lane, Fort, Mumbai 400 001 ) through its partner Atithi N.Patel ) ..Petitioner 15 vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban ) District, New Administrative ) building, Bandra (East), ) Mumbai 400 051 ) 3. The Deputy Conservator of ) Forest, having his address at ) LBS Marg, Marathon Chowk, ) Naupada, Thane (West) ) 4. The Tahsildar, Kurla, ) having his office at Sindhi Camp ) near Gandhi Market, Chembur, ) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation ) a statutory Corporation ) constituted under the Mumbai ) Municipal Corporation Act, 1888 ) having its office at Mahapalika ) Bhavan, Mahapalika Marg, ) Mumbai 400 001 )..Respondents. Mr.Janak Dwarkadas, Sr.Advocate i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (15) Writ Petition No. 2032 of 2006 1. Nirmal Lifestyle Limited ` ) a company incorporated under ) the Companies Act, 1956 having ) its registered office at Jawahar ) Talkies Compound, N.S.Road, ) Mulund (West),Mumbai 400 080 ) 2. Mr.Dharmesh Jain, Chairman & ) 16 Managing Director of the ) Petitioner No.1 having his ) address at Jawahar Talkies ) Compound, N.S.Road, Mulund ) (West), Mumbai 400 080 )..Petitioners Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban ) District, New Administrative ) building, Bandra (East), ) Mumbai 400 051 ) 3. The Deputy Conservator of ) Forest, having his address at ) LBS Marg, Marathon Chowk, ) Naupada, Thane (West) ) 4. The Tahsildar, Kurla, ) having his office at Sindhi Camp ) near Gandhi Market, Chembur, ) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation ) a statutory Corporation ) constituted under the Mumbai ) Municipal Corporation Act, 1888 ) having its office at Mahapalika ) Bhavan, Mahapalika Marg, ) Mumbai 400 001 )..Respondents. Mr.Janak Dwarkadas, Sr.Advocate i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (16) Writ Petition No. 2033 of 2006 Nirmal Developers ) a registered partnership firm ) registered office at Jawahar Talkies ) 17 Compound, N.S.Road, Mulund ) (West), Mumbai 400 080 through ) its partner Dharmesh Jain ) ..Petitioner Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban ) District, New Administrative ) building, Bandra (East), ) Mumbai 400 051 ) 3. The Deputy Conservator of ) Forest, having his address at ) LBS Marg, Marathon Chowk, ) Naupada, Thane (West) ) 4. The Tahsildar, Kurla, ) having his office at Sindhi Camp ) near Gandhi Market, Chembur, ) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation ) a statutory Corporation ) constituted under the Mumbai ) Municipal Corporation Act, 1888 ) having its office at Mahapalika ) Bhavan, Mahapalika Marg, ) Mumbai 400 001 )..Respondents. Mr.Janak Dwarkadas, Sr.Advocate i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (17) Writ Petition No. 2034 of 2006 1. Nirmal Holding Limited ) a company incorporated under ) the Companies Act, 1956 having ) its registered office at Jawahar ) Talkies Compound, N.S.Road, ) 18 Mulund (West),Mumbai 400 080 ) 2. Mr.Dharmesh Jain, Chairman & ) Managing Director of the ) Petitioner No.1 having his ) address at Jawahar Talkies ) Compound, N.S.Road, Mulund ) (West), Mumbai 400 080 ) ..Petitioners Vs. 1. State of Maharashtra ) Mantralaya, Mumbai 400 032 ) 2. The Collector, Mumbai Suburban ) District, New Administrative ) building, Bandra (East), ) Mumbai 400 051 ) 3. The Deputy Conservator of ) Forest, having his address at ) LBS Marg, Marathon Chowk, ) Naupada, Thane (West) ) 4. The Tahsildar, Kurla, ) having his office at Sindhi Camp ) near Gandhi Market, Chembur, ) (East), Mumbai 400 077 ) 5. Mumbai Municipal Corporation ) a statutory Corporation ) constituted under the Mumbai ) Municipal Corporation Act, 1888 ) having its office at Mahapalika ) Bhavan, Mahapalika Marg, ) Mumbai 400 001 )..Respondents. Mr.Janak Dwarkadas, Sr.Advocate i/b M/s Mahimtura and Co. for petitioners. Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. (18) PIL Writ Petition No. 96 of 2006 19 1. Hillside Residents Welfare ) Association, a welfare society ) registered under the provisions ) of the Societies Registration Act ) 1860 and having its principal ) office at 302, Oxford Building ) Yogi Hills, Off LBS Marg, Mulund ) (West), Mumbai 400 082 ) 2. Mr.Prakash Padikkal of Mumbai ) Indian Inhabitant residing at 302 ) Oxford building, Yogi Hills ) Off. LBS Marg, Mulund (W) ) Mumbai 400 082 ) 3. People's Power of Nagtion, ) a welfare society registered ) under the provisions of ) Societies Registrationn Act,1860 ) and having its principal office at ) E1/504, Highland Park, Guru ) Gobind Singh Road, Mulund ) Colony, Mulund (West), ) Mumbai 400 082 ) 4. Mr.Anmol Bhushan ) of Mumbai Indian Inhabitant ) residing at E1/504, Highland ) Park, Guru Gobind Singh Road ) Mulund Colony, Mulund (W) ) Mumbai 400 082 )..Petitioners vs. 1. State of Maharashtra, through ) (a) the Revenue and Forest Dept ) (b) the Urban Development Dept ) © and the Chief Secretary ) 2. Union of India through the ) Secretary Ministry of ) Environment and Forest ) Paryavaran Bhavan, CGO ) Complex New Delhi ) 3. Conservator iof Forests, Mumbai ) 20 4. The Collector, Mumbai ) Suburban District, Bandra, ) Mumbai ) 5. The Tahsildara (Kurla), Mumbai ) 6. Municipal Corporation of ) Greater Bombay, a statutory ) corporation constituted under the ) Mumbai Municipal Corporation ) Act, 1888 having its office at ) Mahapalika Bhavan, Mahapalika ) Marg, Mumbai 400 001 ) 7. The Bombay Environment Action ) Group, a society registered under ) the Societies Registration Act and ) having his office at 4, Kurla ) Industrial Estate, L.B.S.Marg, ) Mumbai 400 086 )..Respondents Mr.Ravi Kadam, Advocate General with Mr.K.B.Belosey, G.P. for respondent State. Mr.D.J.Khambatta ,Sr.Advocate i/b M/s Malvi Ranchhoddas for petitioners. Mr.K.K.Singhvi, Sr.Advocate with Ms.Priti Purandare for respondent Municipal Corporation. Judgment Reserved on: 22nd November, 2007 Judgment pronounced on: 24th March, 2008 Coram: SWATANTER KUMAR C.J. AND S.C.DHARMADHIKARI J. 24th March, 2008. J U D G M E N T : (Per S.C.Dharmadhikari J.) On 21st March, 2008, we observed world “forest” day. On 23rd March, 2008 in Maharashtra we observed “Tukaram Beej”. That is the day on which Saint Tukaram, a Seventeeth Century Poet, regarded by many as the greatest in Marathi language, left for his Nirvana. Each 21 one of us has forgotten his apt remark and observation regarding a forest, the Trees and the creatures. He says: “Trees, creepers and the creatures of the forest Are my kith and kin And birds that sweetly sing This