PRISM JOHNSON LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Mrs. Bane, learned AGP waives service for respondent Nos. to 5. Mr. Rodrigues, learned counsel waives service for respondent No. 1. Ms. Shah, learned counsel waives service for respondent No. 6. Rule is made returnable forthwith. By consent of the parties, the e matter is taken up for final hearing.

(2.) By this petition, filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus thereby directing the respondents authorities to remove the mangroves present on property admeasuring 12.5 acres (5.03 hectares) situated at Gut Nos. 40/2, 42, 43, 44, 45, 46/1, 47 to 51, 53 and 58, by granting leave as contemplated in the judgment and order dtd. 17/9/2018 in Public Interest Litigation No. 87 of 2006.

(3.) In the alternative, the petitioner prays for a writ of mandamus directing respondents-authorities not to insist on the condition of prior leave of this Court in terms of interim order dtd. 27/1/2010 in PIL No. 87 of 2006, as imposed vide letter dtd. 21/7/2016 issued by the respondent No. 3 and seeks and order/direction against respondent authorities to implement the letter/scheme dtd. 25/9/2020 issued by respondent No. 4.