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Ref the order passed by this court on 6102005
and submitted that the respondents particularly the authorities i.e.
the State of Maharashtra and others have till date failed to comply
with the order, on its various aspects and particularly it has failed
to comply with the directions issued by this court in para 8 of the
order and inspite of the court directing the State to declare all
these areas which are found to be covered by Mangroves in the
entire State of Maharashtra as forests.
We are therefore making it clear that as the State has not
been able to notify the areas which are covered by mangroves
which has been identified and whether it falls under the public or
private domain no non forests activity should be permitted by the
respondent State in these mangroves area through out the State of
Maharashtra which shall be subject to section 2 of the Forests
(Conservation) Act 1980 and Environment Protection Act and
Rules, without taking permission from the competent authority.

If such permission is granted by the competent
authority the same shall be subject to approval of this court and the
parties should obtain leave of the court before implementing the
project in mangroves area. This will enable the court to monitor
whether the principle of sustainable development is being
scrupulously followed or not for the preservation, protection of
mangroves area which is ecologically fragile area.

At Bombay High Court
J.N. PATEL Acting C.J.
AND
B. R. GAVAI, J.
DATED : 27th January, 2010.