BOMBAY ENVIRONMENTAL ACTION GROUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Learned counsel for the affected respondent states that an application has been filed before the Union of India for permission as contemplated by the CRZ Notification for development of the plot which is stated to be between 200 and 500 metres of High Tide line. Pursuant to the orders passed on 4th december, 2000 the decision of the Collector, raigarh, Alibagh, dated 29th January, 2001, has been placed on record. According to this, the construction which is proposed to be made by the respondent is not permitted without the approval of the Ministry of Environment and forests, Government of India.

(3.) This being so, the permission granted by the High Court by way of an interim order to the said respondent to continue construction cannot be regarded as valid. Mr. K. K. Venugopal states that appropriate application will be moved before the Ministry of Environment and Forests for requisite permission and we hope that if and when that application is moved the same will be decided as expeditiously as possible. In the meanwhile, we set aside the impugned order of the High Court and direct that pending further orders by the High Court the parties shall maintain status quo. No construction shall be commenced/continued without the permission of the High Court. Hearing before the High Court should be expedited and writ petition disposed of preferably within four months.