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IN THE
HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTIN
WRIT
PETITION NO. 2116 OF 2005
Kirit
Somaiya
..... Petitioner
Versus
State of Maharashtra and
Ors.
..... Respondents
Mr.
Janak Dwarkadas, Senior Counsel with Ms. Madhavi
Diwan & Mr. D.H.Mehta l/b. M/s. Dhruva Liladhar &
Co. for the petitioner.
Mr.
Ravi Kadam, Advocate General with Mr. K.R. Belosay,
Assistant Government Pleader for respondet Nos.
1,2,5, and 10.
Mr.
Rajshekahar Govilkar for the respondent no. 8.
Mr.
C.M. Lokesh for the respondent no.7.
Mr.
K.K. Singhvi, Senior Counsel with Mrs. S.V. Bharucha
for the respondent no.9.
CORAM : R.M. LODHA &
ANOOP V MOHTA, JJ.
DATED
: 1ST MARCH, 2006.
P.C.
Pursuant to our order dated
22nd February, 2006on behalf of Mithi
River Development and Protection Authority (MRDPA),
an affidavit has been field by its Member Secretary
and Project Director Dr. Vikas Sadanand Tondawalkar.
2. In
his affidavit, the Project Director and
Member-Secretary of MRDPA has stated that Indian
Institute of Technology (IIT), Mumbai was entrusted
the work of development action of plan for the
environmental improvement of Mithi river in its
first meeting held on 1st September,
2005. For the purpose of carrying out the hydraulic
studies, it was decided to entrust the said work to
CWPRS, Khadakwasla. CWPRS submitted its final
interim report in the month of January, 2006 and IIT,
Mumbai submitted its final interim report o 23rd
February, 2006. M/s Air-O-Cleen Associates were
appointed to conduct the cadastral survey and flood
mapping survey of the entire(1708 kms.) stretch of
Mithi river form river from Mahim Causeway to its
original Vihar Lake and (4 kms) Vakola Nalla from
Bandra-Kurla Complex to Santacruz Airport. The
details of the said survey were furnished to the IIT,
Mumbai and CWRPS, Khadakwasala to facilitate them to
make their reports. CWPRS, Khadakwasala in its
final interim report recommended to increase the
carying capacity of the river by undertaking
deepening and widening works. In he affidavit, he
Project Director-cum Secretary has also stated that
on behalf of MRDPAA, MMRDA has appointed IIT, Mumbai
to conduct a base lines socio-economic survey for
the entire Mithi river and Vakola Nalla. This was
sought to be done with a view to identify the
structures which would be affected by the widening
of the river as per the recommendations of CWWPRS.
This survey is independent to the survey that was
carried out by the Collector, Mumbai Suburban
District.
3.
As per survey conducted by the Collector,
Mumbai Suburban District,3600 encroachers were found
within 30 meters width on either side within the
stretch from Mahim Causeway to CST Bridge and within
the river basin beyond CST Bridge upto Vihar Lake.
It is stated that the work of removal of these
illegal encroachments and rehabilitation of project
affected persons would be completed as far as
possible by 31st May, 2006.
4.
We may observe that the experience that the
city had on 26th July, 2005, must open
the eyes of the concerned authorities necessitating
swift action and avoidance of past experience. In
our view, in the light of the survey that has
already been conducted, it should be the endeavor of
the Collector, MSD to ensure accordingly and direct
the Collector, Mumbai Suburban District to ensure
the removal of 3600 encroachers having their
structures within 30 meters width on either side of
the river by 31st May, 2006 and that they
are also rehabilitated by that date.
5.
As regards the unauthorised industrial units
identified by Maharashtra Pollution Control Board,
we direct the said Board to take appropriate action
including the closure of these industrial units as
early as possible. Obviously, the Maharashtra
Pollution Control Board shall observe the due
process of law in that regard.
6.
We accept the proposal of MRDPA to implement
the Mithi river development works in two phases. As
regards phase I, works which comprise of deepening,
widening and desilting of Mithi river and
resettlement and rehabilitation of project affected
persons, we direct the entire work to be completed
by 31st May, 2006. It shall be for MRDPA
to monitor and oversee the work of deepening,
widening and desilting being done and executed by
MMRDA and MCGM.
7.
We also accept the statement made by Project
Director-Cum-Secretary that Phase II work shall be
undertaken after the monsoon of 2006. Phase II work
shall comprise of pitching, construction of
retaining wall, construction of service roads, land-scape
development, beautification work on either side of
the river alongwith additional widening works and
deepening works.
8.
We record and accept the statement of Mr.
K.K. Singhvi, the learned senior counsel for
Municipal Corporation of Greater Mumbai that every
day the garbage, solid waste etc. is removed from
the entire stretch of Mithi river that falls within
the jurisdiction of Municipal corporation. He
submits that he would satisfy us in this regard by
placing the photographs taken that shall be taken
tomorrow i.e., 2nd March, 2006 at 3.00
p.m. under the caption ‘For Direction’ to satisfy
ourselves with regard to the statement made on
behalf of the Municipal Corporation of Greater
Mumbai by Mr. K.K. Singhvi as recorded above.
9.
In view of the statement made by Mr. Govilkar,
the learned counsel for the Maharashtra Pollution
Control Board that the power supply company viz;
Reliance Energy Limited has been directed to
disconnect the power supply to unauthorised
industrial units, we direct the impleadment of the
Reliance Energy Limited as party respondent. Let
notice be given to the Reliance Energy Limited.
Retuernable on 22nd March, 2006.
10.
At the cost of the petitioners, MRDPA is
directed to furnish copies of final interim reports
submitted by IIT, Mumbai, CWPRS, Khadakwasla.
Sd/-
(R.M. LODHA, J.)
Sd/-
(ANOOP V. MOHTA, J.)
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