KISAN MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners in public interest challenging the validity of the permission given to respondents No. 5 and 6 herein for the development and construction on a plot of land located in the Worli Division, Off Dr. Annie Besant Road, said to be abutting the sea. The challenge to the construction of a high rise building over the plot in question is in the light of the provisions of the Environment Protection Act, 1986 and the notification issued thereunder by the Government of India dated 19th February, 1991.

(2.) PETITIONER No. 1 is the President of the Save Bombay Committee, vitally interested in espousing issues of public interest and environmental protection. Petitioners Nos. 2 and 3 are also members of the said Committee and are also connected with various other public institutions. Respondent No. 1 is the State of Maharashtra, while respondent Nos. 2 and 3 are the Municipal Corporation of Greater Bombay and the Municipal Commissioner, respectively. Respondent No. 4 is the Union of India through its Ministry of Environment and Forests. Respondent No. 5 are the lessees of the plot in question, while respondent No. 6 are the builders who, under a development agreement with the lessees, are constructing the building on the said plot. Respondent No. 7, the Bombay Environment Action Group, is an environment action group and a society registered under the Societies Registration Act.

(3.) THE instant writ petition was filed on 27th February, 1997. At that time only the aforesaid notification dated 19th February, 1991 held the field. Subsequently two Clarifications have been issued by the Government of India, Ministry of Environment and Forests, dated 27th March, 1998 and 8th September, 1998, which are also relevant and which have to be considered while dealing with the issues raised in the instant writ petition.