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 Dwarkada, Senior Advocate, with Mrs. Madhavi Diwan, instructed by m/s Dhruve Liladhar & Co., for the petitioner.

Mr. R. M. Sawant, Government Pleader, with Mr. K. R. Belosey, Assistant Government Pleader, for respondent Nos. 1, 2, 5 and 8.

Mr. K. K. Singhvi, Senior Advocate, with Ms. Shobha Ajitkumar for respondent Nos. 3 and 4.

Mr. B. A. Desai, Additional Solicitor General with Mrs. Poornima Kantharia, for respondent Nos. 7, 10 and added respondent Union of India.

Mr. R. V. Govilkar for respondent No.8.

CORAM :       DALVEER BHANDARI,  C. J. &

S. J. VAZIFDAR, J.

                                                DATE :           AUGUST 17, 2005

P. C.

1.                  On the oral request of the learned counsel for the petitioner, Union of India is impleaded as party respondent No.11.

2.                  This petition has been filed by a social worker and a former Member of Parliament in the public interest.  It is mentioned in the petition that areas in the vicinity of ‘Mithi  River’ suffered the most damage during the heavy rain showers witnessed by the city of Mumbai on 26^th July, 2005, and the tragic aftermath which saw several thousands of people loosing life, livelihood and property.  According to the petitioner, this tragedy has happed due to the inaction on the part of respondent Nos. 1 to 8 and 10 and other authorities to salvage the deteriorated Mithi River and the flagrant diversions of its course by respondent No.9, Airport Authority of India, which could have averted the man-made disaster.

3.                  The petitioner was a Member of Parliament (Lok Sabha) representing the people of the constituency which includes Kurla to Mulund.  It is stated that in the moonsoon of 2002, the roads adjacent to Air India Colony and Kalpana Talkies at Kurla near the Mumbai North-East Constituency then represented by the petitioner got submerged in flood and remained closed for many days.  The petitioner consulted some experts.  The experts said that the reason why these areas are constantly flooded during the monsoon period is because of their proximity to the Mithi River which is highly polluted on account of several illegal activities like illegal oil processing, drum washing and other illegal activities carried out by almost 400 unauthorised commercial units operating by the river side.  On account of these pollutants and discharges, the flow of the river becomes uneven.  During the monsoon season, flooding has become a characteristic feature of these areas as the flood water finds no outlet through the choked Mithi River.  This coupled with the illegal encroachment makes flooding an annual event in these areas.  The petitioner lodged a complaint with respondent No.7, Central Pollution Control Board, vide letter dated 27^th January, 2003.  It was stated in the said complaint that the Mithi River adjacent to Mumbai Airport flowing from East to West has become a gutter nallah.  The petitioner had meetings with the concerned Minister and sent number of letters including letter dated 15^th April, 2003, in which the petitioner highlighted the problems and mentioned that unless immediate steps are taken, several lakhs people could be affected by flood.  On petitioner’s request, on 4^th and 5^th March, 2003, a joint team comprising of representatives of respondent Nos. 7 and 8 investigated the matter.  The report of the team was submitted on 28^th April, 2003.  The findings of the said team, which are shocking, revealed that the river water is highly pollutted and not fit for use even at high tidal condition when there is huge tidal water for dilution.  Two years have lapsed but no action has been taken on those recommendations.

4.                  It is also incorporated in the petition that it is an unfortunate irony that the tragic events ensuing the heavy rainfall on 26^th July, 2005, bear an uncanny resemblance to the warning given by the petitioner in his letter dated 15^th April, 2003.

5.                  In this petition, the petitioner has prayed that the respondents be directed to take concrete steps to implement the recommendations and directions made by the Government of India through its Ministry of Environment and Forests and respondent No.7 to remedy the large scale pollution of the Mithi River in order to avert the future repetition of the tragic events ensuing the heavy rainfall on 26^th July, 2005 in Mumbai.  The petitioner has also prayed that the respondents be directed to make budgetary provision to take appropriate steps for the purposes of the Mithi River.  The petitioner has also prayed that the respondents be directed to take steps for dealing with the several unauthorised units and encroachments and stop them from discharging their sewage water in the Mithi River and properly treat the sewage.  If any, discharged in the Mithi River at all.  The petitioner ahs also prayed that the respondents be directed to prepare a plan of action to clean the Mithi River and deal with the illegal encroachment expeditiously.

6.                  Issue notice to the respondents to show cause as to why the petition be not admitted, returnable on 31^st August, 2005.  The learned counsel appearing for Union of India, the State of Maharashtra and the Mumbai Municipal Corporation accept notice and undertake to file replies within two weeks from today.

7.                  Mr. Janak Dwarkadas, learned counsel appearing for the petitioner, undertakes to submit a concrete plan of action, which needs to be taken by the respondents, on the next date of hearing.

CHIEF JUSTICE

S.J. VAZIFDAR, J.