HIGH COURT, BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL SIDE

PIL WRIT PETITION NO. 2116 OF 2005

Mr. Kirit Somaiya                                                                     Petitioner

Vs.

State of Maharashtra & ors.                                                    Respondents

Mr. Janak Dwarkadas, Senior Counsel with Ms. Madhavi Diwan and Mr. Darshan Mehta, Advocates i/o. M/s. Dhruve Liladhar & co. for the petitioner.

Mr. K.K. Singhvi, Senior Counsel with Mr. D.H. Mehta and Ms. U.K. Khatu for the respondent – B.M.C.

Mr. Ravi Kadam, Advocate General with Mr. R.M. Sawant, Government Pleader for respondents 1 and 2 – State.

Mrs. S.U. Bharucha for the respondent no. 9.

CORAM : R.M. LODHA &

                  ANOOP V. MOHTA, JJ.

   DATED :  3^rd March 2006

 P.C.

             On 1^st March 2006 we recorded and accepted the statement of Mr. K.K. Singhvi with regard to the removal of garbage and solid waste etc. from the entire stretch of Mithi river thus:

             “8.            We record and accept the statement of Mr. K.K. Singhvi, the learned Senior Counsel for the 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., 2^nd March, 2006.  For this purpose alone, we direct the Office to post the matter on 3^rd March, 2006 at 3.00p.m. under the caption ‘For Directions’ 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.”

2.            Pursuant thereto Mr. Singhvi handed in album of photographs, marked “X” for identification purposes to show therefrom that garbage and solid waste is being removed daily.

3.         Mr. Janak Dwarkadas, the learned senior counsel for the petitioner disputes the correctness of the claim made by the Corporation that the garbage, solid waste etc. is removed every day from the entire stretch of Mithi river that falls within the jurisdiction of Municipal Corporation.

4.         On 31^st August 2005 this Court directed the Bombay Municipal Corporation to provide proper garbage collection system to prevent people from dumping garbage into Mithi river.

5.         Mr. Singhvi submitted that proper garbage collection system is in place.  However, according to him, for want of availability of space, at many places garbage is dumped, but the said garbage is removed the next day.

6.         We reiterate that it is the obligation of the Bombay Municipal Corporation to provide proper garbage collection system to prevent people from dumping garbage into the Mithi river or on its banks.  We also direct the Corporation to ensure that the garbage and solid waste etc. are removed every day from the entire stretch of Mithi river that falls within the jurisdiction of Municipal Corporation.  It appears, at many places, there is large accumulation of garbage, solid waste etc. and the complete clean up is not done every day.

7.         We direct the concerned Ward Officer to take inspection of those sites along with the petitioner where there is large accumulation of garbage and solid waste etc. along the Mithi river within the jurisdiction of the Corporation.  The petitioner shall contact the concerned Ward Officers within one week from today and as aforedirected the concerned Ward Officer shall take note of the places where there is large accumulation of garbage and solid waste and ensure that at those places, garbage and solid waste are removed regularly.  The report of the site inspection and compliance of the directions shall be submitted by the Ward Officer on or before 22^nd March 2006.

8.         We are informed by Mr. Janak Dwarkadas, the learned senior counsel for the petitioner that huge amount of debris has been dumped by the contractors at various places along Mithi river and no action has been taken by the authorities of Bombay Municipal Corporation against the offenders.  We direct the concerned authorities of Municipal Corporation of Greater Mumbai to remove the debris dumped along Mithi river within their jurisdiction and take appropriate action against the offenders who dumped debris illegally.  The action report in this regard shall also be submitted by the Corporation on or before 22^nd March 2006.

9.         Stand over to 22^nd March 2006.

(R. M. LODHA, J.)

(ANOOP V. MOHTA, J.)