LAWS(BOM)-2023-3-73

MRK ENTERPRISES Vs. MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY

Decided On March 13, 2023
Mrk Enterprises Appellant
V/S
Maharashtra Coastal Zone Management Authority Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.

(2.) Petitioner challenges the decision of Maharashtra Coastal Zone Management Authority (MCZMA) dtd. 20/4/2021 declining Costal Zone Regulation clearance for issuance of occupancy certificate for its building. MCZMA has treated the case of Petitioner as violation of CRZ Notification 2011 calling it upon to submit requisite information for regularization of construction under Office Memorandum dtd. 19/2/2021. Objection of MCZMA is to the act of Municipal Corporation in granting development permission under Development Control Regulations 1991, when the CRZ clearance envisaged carrying out the construction in accordance with Development Control Regulations 1967.

(3.) Petitioner is the owner of the property being land bearing C.S. No.79 of Colaba Division, Nathalal Parekh Marg (Wood House Road), Wing A, Mumbai alongwith building standing thereon known as 'Amir House ' (Property).