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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, Senior Advocate with Ms.
Madhavi Diwan & Mr. D.H. Mehta i/b. M/s. Dhruva
Liladhar & Co. for the Petitioner.
Mr. Ravi Kadam, Advocate General with Mr. K.R. Belosay, AGP
for Respondent Nos. 1, 2, 5 and 10.
Mr. Rajshekhar Govilkar for Respondent No.8.
Mr. C.M. Lokesh for Respondent No. 7.
Mr. K.K. Singhvi, Senior Advocate with Mrs. P.A. Purandare
for BMC
Mr. R.M. Sawant, Government Pleader for MMRDA.
CORAM: KSHITIJ
R. VYAS, C.J. &
DR. D.Y. CHANDRACHUD, J.
DATED: April 26, 2006
P.C. (Per Dr. D.Y. Chandrachud, J.):
In the order of this Court dated 1st
March 2006, this Court has recorded the statement of
the Respondents that the work of removal of illegal
encroachments and rehabilitation of project affected
persons would be completed as far as possible by 31st
May 2006. Accordingly, this Court has issued the
following directions:
“We order 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.”
This Court has also accepted the proposal made on
behalf of the Mithi River Development and Protection
Authority (MRDPA) to complete Phase-I of the work
comprising of deepening, widening and desilting of
the Mithi River and the rehabilitation of the
project affected persons by 31st May
2006. MRDPA has been directed to monitor and
oversee the work of deepening, widening and
desilting being executed by MMRDA and MCGM. We once
again reiterate and direct that the deadline of 31st
May 2006 shall be observed strictly and in order to
achieve the purpose of completing Phase-I by this
date, we direct MRDPA, MMRDA and MCGM to carry out
their obligation with utmost expedition. In order
to facilitate the process, we issue the following
additional directions over and above those that have
already been issued by this Court :
(i)
Progress reports shall be filed by
the Project Director of MRDPA on or before 4th
May 2006, 18th May 2006 and 29th
May 2006 stating clearly the progress which has been
made in implementing Phase-I of the project as
directed in the orders passed by this Court.
Accordingly, this Writ Petition shall be placed for
considering the progress report on 5th
May 2006 and, during the course of the ensuing
summer recess, before the Learned Vacation Judges on
19th May 2006 and 31st May
2006.
(ii)
The Court has been informed that
the State Government is yet to take a decision in
regard to the rehabilitation of those among 269
commercial occupants who are found to be eligible.
We direct that within a period of one week from
today, this exercise shall be completed and action
shall be taken to rehabilitate those among the
remaining occupants – both commercial and
residential who have been found to be eligible;
(iii)
We have taken on record the
assurance of the Municipal Corporation contained in
the affidavit dated 28th March 2006 filed
by Dr. S.S. Kudalkar, DMC (Z-V), to the effect that
in compliance with the directions issued by this
Court on 3rd March 2006, steps are being
taken to ensure that garbage/solid waste is removed
from the entire stretch of Mithi River on a daily
basis and that stringent action is being taken
against individuals and commercial establishments
who would be found to be dumping garbage/debris at
places along the Mithi River within the jurisdiction
of the Municipal Corporation.
S.O. to 5th May 2006
CHIEF JUSTICE
Dr. D.Y. Chandrachud, J.
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