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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. 2116 OF 2005
Kirit Somaiya.
] .. Petitioner
Versus
1. State of Maharashtra & 11 ors. ]
.. Respondents
Mr. Janak Dwarkadas with Mrs. Madhavi Divan and Mr.
Darshan Mehta i/b M/s. Dhruv Liladhar & Co. for the
petitioner.
Mr. K.K. Singhvi, senior counsel with Mr. D.H. Mehta for
respondents No.3 and 4 - Corporation.
Mr. R.M. Kadam, Advocate General with Mr. K.R. Belosay, AGP
for respondents No.1, 2, 5 and 10.
Mr. R.V. Govilkar for respondent No.8.
Mr. B.A. Desai, Additional Solicitor General with Mrs. S.V.
Bharucha for respondent No.10.
CORAM:
R.M. LODHA &
A.S. BAGGA, JJ.
DATED: 07TH JUNE, 2006
P.C. :
At the outset, the Advocate General handed in the
4th Progress Report of Mithi River Development Works
done upto June 5, 2006. The said Progress Report is
taken on record.
2.
It appears there from that both Mumbai Metropolitan
Regional Development Authority (MMRDA) and Municipal
Corporation for Greater Mumbai (MCGM) have been able
to dredge, excavate the total of 12,16,340 cubit
meters of silt/debris/rocks by 5th June, 2006. It
does appear that about 93.7% of silt, debris and
rocks have been dredged/excavated by both MMRDA and
MCGM. We are informed that the remaining work of
dredging/excavation of silt/debris/rocks shall be
able to be completed by MMRDA and MCGM in about 15
days’ time. As the monsoon has already set in, all
concerned authorities, including MMRDA, MCGM and
Mithi River Development & Protection Authority (MRDPA)
are expected to act swiftly and ensure that the
entire silt/debris/rocks are dredged and excavated
as early as possible and in no case later than 15
days from today. The silt that has been kept for
drying in the plot of Bandra-Kurla Complex is also
directed to be removed as early as possible and
positively within 15 days from today.
3. Mr. Janak Dwarkadas, the senior counsel for the
petitioner showed few photographs depicting threat
of fresh encroachment on the banks of Mithi river.
The Advocate General agreed that there is threat of
fresh encroachment. He, however, submitted that
until the proper security arrangements are put in
place to ensure that no fresh encroachment takes
place on the banks of Mithi River, the State shall
provide adequate police force for guarding the banks
of Mithi river. We accept the statement of the
Advocate General and hope that adequate measures
shall be taken by the State and concerned
authorities to ensure that no fresh encroachment
takes place on the banks of Mithi river.
4. Let the matter be posted on 28th June, 2006, for
compliance of the orders passed by this Court on 1st
March, 2006 and on subsequent dates.
Sd/-
[R.M. LODHA, J.]
Sd/-
[A.S. BAGGA, J.]
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