DHIRAJ RAMESH PARAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who claims to be a Journalist and public spirited citizen of Balaji Nagar, Bhayander (W) has instituted this petition seeking directions against the respondent - State to register First Information Report ("FIR") on the basis of the reports lodged by the petitioner on 7th June, 2018, 16th July, 2018 and 18th July, 2018, with various authorities including the jurisdictional police alleging grave offences punishable under the Environment Protection Act, 1986 ('the Act, 1986'), Indian Penal Code and Prevention of Corruption Act, 1988 and further direction for investigation by an independent agency like Crime Branch or Central Bureau of Investigation.

(2.) The substance of the allegations of the petitioner, in the above reports, is that the land situated at Navghar bearing Survey No.266/1 to 6; 265/2, 4; 267/2, 3 (Old Survey No.67/1 to 6; 81/2, 4; 52/2, 3) is part of CRZ-III. The said land also falls within 'no development zone'. There were mangroves on the said land. A part of the said land was also a wetland. This being the situation of the said land, the alleged offenders, including an infuential politician and his relatives, have changed the user of the said land and carried out huge construction and erected a hotel known as 'Seven Eleven Hotel', in fagrant violation of the provisions of CRZ Regulations, Environment Protection Act and Rules therein, the Development Control Rules and various orders passed by this Court as well as the Apex Court for protection of the environment, especially the conservation of the mangroves and the wetland. It is alleged that mangroves have been cut with impunity. The wetland has been flled. Permanent structures have been erected on ecologically fragile land. Though constructions have been carried out under the pretext of the permissions, granted by the local planning authority, yet, it is alleged that the offcers of the concerned planning authority as well as the offcers/offcials of the State Government are hand in glove with the said persons, and have unlawfully issued the permissions. Thus, the persons who have carried out the aforesaid illegal activities as well as the offcers/offcials, who have unlawfully facilitated the commission of those activities, have committed the offences punishable under Environment Protection Act, 1986, Indian Penal Code and Prevention of Corruption Act. The jurisdictional police, in the backdrop of grave allegations, which disclose commission of the cognizable offences, are bound to register the FIR and conduct investigation. However, the concerned police have not registered the FIR. Hence this petition.

(3.) Evidently, the allegations, prima facie, indicate that development activities on a large scale, have been carried out over the aforesaid land, despite there being the assertions that those lands form part of CRZ-III and fall within 'no development zone'. It further appears that mangroves have been allegedly destructed and wetland damaged. In the backdrop of the material on record, especially the inspection report dated 8th February, 2019, carried out by the Regional Mangrove Co-ordination Committee, wherein it was noted that prosecution was required to be initiated by the concerned departments for destruction of the mangroves and that there was land flling at site resulting in disruption of fow of water entailing drying up of the mangroves, we had called upon the State to fle an Affdavit indicating as to what action has been taken in respect of the allegations in the reports lodged by the petitioner.