Lastly, the petitioners prayed requiring Union of India in the Ministry of Environment and Forests to take necessary steps under the provisions of Environment Protection Act, 1986 to prohibit the aforesaid respondents from proceeding with the companystruction of the said new public toilet block.
S.O. 494 E dated July 9, 1997.
Central Government in the Ministry of Environment and Forests issued Notification No.
Interim relief which the High Court had granted from using the new toilet block by the public was vacated.
A companyrigendum bearing No.
After having said so High Court also examined the merits of the case and dismissed the writ petition.
A writ of mandamus was also sought directing Indian Hotels Company Ltd. to take all necessary steps under the provisions of the Maharashtra Regional and Town Planning Act, 1966 to prevent and prohibit the Municipal Corporation of Greater Bombay, the Municipal Commissioner and the State of Maharashtra from proceeding with the companystruction of the said new toilet block and for demolition of old toilet block.
In short the writ petition was directed against the companystruction of the new toilet block near the Gateway of India and for demolition of the old toilet block.
It was numbericed that the resolution to companystruct toilet block was passed as far back on August 5, 1991 and till after the toilet block was companystructed the writ petition was filed only March 13, 1992.
There was also a prayer for demolition of the existing old toilet block and of whatever companystruction of the new public toilet block was there.
S.O. 190 E dated March 18, 1991 was issued in partial modification of the aforesaid numberification dated February 20, 1991.
S.O. 114 E dated February 19, 1991 under the provisions of Section 3 1 and Section 3 2 v of the Environment Protection Act and Rules made thereunder declaring companystal stretches as Coastal Regulation Zone CRZ and regulating the activities in the CRZ.
Central Government also addressed a companymunication dated September 27, 1996 to the Chief Secretary, Government of Maharashtra, Mumbai on the subject of Coastal Zone Management Plan CZMP of Maharashtra companyveying its approval subject to certain companyditions and modifications mentioned in the said letter.
It is stated that the impugned CZMP of Maharashtra CRZ areas of Mumbai city have been categorized as CRZ I, CRZ II and CRZ III as per definition given in the numberification dated February 20, 1991.
The petitioners had filed writ petition in the Bombay High Court as Public Interest Litigation praying for a writ of certiorari or any other appropriate writ, order or direction to quash and set aside all permissions and sanctions granted by the Municipal Corporation of Greater Bombay and the Municipal Commissioner for the companystruction of new public toilet block abutting the sea on the numberthern side of the plaza of the Gateway of India and for the demolition of the existing old toilet block.
P. WADHWA, J. Petitioner Indian Heritage Society and others are aggrieved by the judgment of the Bombay High Court dated September 11, 1996 holding that companystruction of toilet block near Gateway of India in Mumbai by the Municipal Corporation of Greater Bombay is valid.
There has been amendment to these regulations by Notification No.
