Mithi Nadi

CURRENT UPDATE : 26 July : Deluge

PRESS STATEMENTS & CLIPPINGS

  1. Notice – Public Interest Petitions filed by Dr. Kirit Somaiya against Mithi Nadi Pollution
  2. BMC Closure order to Commercial Establishment on Mithi
  3. Closure notices to Polluting Units on Mithi
  4. Press Statement 28.9.05 on PCB Action on Mithi
  5. Press Statement 17.9.05 – Mithi River
  6. Press Note – Mithi Nadi 25.9.05 
  7. Press Note – Mithi Nadi 28.9.05
  8. Press-mithi nadi-1.10.05
  9. Press Clipping
  10. Mithi River Parishad 4.2.06
  11. High Court Directed State Govt – 22.2.06
  12. Press Statement – 28 June 06
  13. Press Statement – 7 June 06
  14. Press Statement 25.07.06 – Mithi Work – Transparency Demanded
  15. Press Statement 25.07.06 – 26th July – One year over – No lesson learnt
  16. Press Statement issued on 2.3.07 on Mithi
  17. Press Statement issued on 19.2.07 on Mithi

Press Statement issued on 26 July 07-‘2nd Year Shraddh & Mithi Yagna at Mithi Bank, Kurla  Click here for Marathi Second “Varsh Shraaddh” Puja were offered to 450 dead of 26th July at Mithi River Bank today. BJP leader, Dr. Kirit Somaiya – Ex MP, organized “Mithi Yagna”, performed puja and offered Aahuti for the early completion of Mithi Rejuvenation Project. Mithi River residents of Kranti Nagar, Bail Bazar, BJP Councillors Sitaram Tiwari, Bhalchandra Shirsat, local residents’ office bearers, Veerendra Dubey, also joined in this “saamuhik shraddhanjali” and Puja vidhi. Mithi residents urged the Government authorities how many lives are to be sacrificed at Mithi River every year. It may be recalled that this year on 30th June 2007 also 5 people lost their lives in Mithi in the rains. 24 months are over to 26th July. No lesson learnt. Every year water logging, flooding is taking human life and damages of Rs.1,000 crores. Just like in the past, all the reports of Chitale Committee, Fact Finding Committee, CWPRS, IIT and the CAG are gathering dust. Lack of political will and commitment will result in another disaster, warned BJP leader, Dr. Kirit Somaiya – Ex Member of Parliament. Only Rs.65 crores have been spent on Mumbai in the last 2 years out of Rs.1,369 crores on Mithi Rejuvenation Scheme. Not a single paise is spent on strengthening and improving the capacity of Oshiwara, Dahisar & Poisar Rivers and BRIMSTOWAD Report. Dr. Somaiya appealed to both the Congress Governments at the Centre and the State to declare and execute time-bound action plan to clean up Mithi, Oshiwara, Dahisar and Poisar rivers and strengthening the sewage system, storm water system of Mumbai. Dr. Somaiya once again reiterated the step-motherly treatment given to Mumbai. Not a single paise is contributed or spent for Mumbai since 26th July 2005. Against this, the city contributed Rs.2,13,000 crores as taxes to Government of India during the same period. Press statement 5 July 07 on ‘Mithi Scams to take more Lives Click here for Marathi Mithi Scam has taken 5 lives, charged BJP leader & Ex Member of Parliament, Dr. Kirit Somaiya. It is “Mithi Silt Ghotala”. Yet Mithi River ’s source of water, i.e. 3 lakes – Vihar, Powai and Tulsi – are still to overflow. Within 2 weeks, these lakes will overflow. One more heavy rain and whole of the Mithi Zone between Saki Naka and Airport shall be flooded. Dr. Kirit Somaiya warned the Mithi Authority and the Government to take steps to protect the areas like Kranti Nagar, Samhita Industrial Estate, Airline Colony, Jharimari, Safed Pool, Kalpana Talkies Junction. There will be more casualty in the present situation. BJP demanded criminal action against all the officials who, in spite of warning, have failed to do the Mithi work. Even the normal routine desilting of Mithi has also not been done by MMRDA. Once again, MMRDA authorities started window dressing activities. The figure floated by MMRDA of removing 2.69 lac cu.meter silt is misleading. This includes Naik Nala, Vakola Nala and such other nalas. The actual work of Mithi is less than 5% of 23 lac cu.meter work. It was MMRDA who announced and issued work order to remove and transport 7.5 lac cu.meter of Mithi silt before the beginning of monsoon. This is Mithi Silt Ghotala. Dr. Kirit Somaiya has questioned MMRDA where the silt has gone. BMC has informed Dr. Somaiya that they have received less than 20,000 cu.meter silt of Mithi-MMRDA. Navi Mumbai Mahapalika and Thane Mahapalika have warned Mithi contractors not to dump Mithi silt illegally there. Only 1,500 cu.meter at Kopar Khairne and 1,000 cu.meter at Thane Balkumb were dumped. It may be recollected that CAG has asked Government to have special investigation of Mithi Silt Ghotala of last year. BMC has removed 1,68,200 cu.meter and transported 1,33,800 cu.m. silt this time. Press Statement issued on 24 May 07 on Mithi work Status – Phase II Click here for Marathi   In spite of Big Announcements, tall claims, issuing tenders in November 2006, the Mithi Authority, Maharashtra Govt. is able to complete hardly 5% of Mithi River Phase II work, exposed BJP leader, Dr. Kirit Somaiya, ex Member of Parliament. It is a pity that against the Work Orders-Contracts to remove and transport 26,09,000 cubic meters of widening and deepening work of Mithi, only 2,06,700 cubic meters of silt is removed till now. Of this, only 1,04,250 cubic meters is transported/shifted to dumping grounds. MMRDA’s work is Eyewash MMRDA’s Mithi work is nothing but eyewash. Against the Work Orders-Contracts of 23,30,000 cubic meters, MMRDA has removed, deepened only 1,05,000 cubic meters. MMRDA has transported only 19,750 cubic meters of silt. This is nothing but JOKE by MMRDA on Mumbaikars, charged Dr. Somaiya. MMRDA searching for Dumping Place The shocking truth is MMRDA has not yet fixed, finalized any Dumping Place to dump Mithi silt and debris. It seems MMRDA has not learnt lesson from Phase I. CAG has passed strictures and asked for detailed investigation for Mithi Phase I work of MMRDA. In Phase I also, MMRDA did not fix any dumping ground, which led to Mithi Scam of MMRDA. In April 2007, MMRDA tried to dump Mithi silt at Kopar Khairne, which was objected to by Navi Mumbai Municipal Corporation. Subsequently, MMRDA Commissioner asked New BMC Commissioner to allow use of Kanjur or Deonar Dumping Yards. And now they are trying to dump the silt at Balkumb, Thane, which would also not last long. Demolition of Illegal Structures The story of removing the illegal encroachment is not different. Against the tall claims and announcement of removing 5,500 structures, not a single structure is touched till today, announced Dr. Somaiya. BJP is very much worried about the irresponsible behaviour of the State Government, which shall cause water logging and flooding in this monsoon. It was Dr. Kirit Somaiya’s Petition and High Court’s directives which resulted into removal, widening and deepening of 12,96,440 cubic meters of work in 2005-06 during Phase I.

PROGRESS REPORTS OF MRDPA

HIGH COURT ORDERS

Mithi Nadi HC Order 17.8.05 Statement
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.  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 26th 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 27th 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 15thApril, 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 4th and 5th 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 28th 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 26th July, 2005, bear an uncanny resemblance to the warning given by the petitioner in his letter dated 15th 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 26th 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 31st 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.

Mithi Nadi HC Order 31.8.05 Statement

Mr. Janak Dwarkadas, Senior Advocate with Mrs. Madhavi Diwan i/b M/s. Dhruve Liladhar & Co. for the Petitioner.   Mr. Ravi Kadam, Advocate General with Mr. R.M. Sawant, Government Pleader with Mr. K.R. Belosey, Assistant Government Pleader for Respondent Nos. 1, 2, 5 and 6.   Ms. Priti Purandare for Respondent No. 3.   Mr. B.A. Desai, Additional Solicitor General with Ms. Poornima Kantharia for Respondent Nos. 7, 10 and 11.   Mr. R.V. Govilkar for Respondent No. 8.       CORAM : DALVEER BHANDARI, C.J. &                   S.J. VAZIFDAR, J. DATE     : 31ST AUGUST, 2005.         P.C.:             Pursuant to the directions of this Court on 17th August, 2005, the Petitioner has placed comprehensive action plan.  In the plan, original status of Mithi River has been highlitted even the course of the River has been demonstrated.  The action plan shows present status of the River and revival plan of the River.  A large number of photographs taken only in the last week have tried to demonstrate what was the original status of the River and what is the present status of River now.  The Petitioner has also given comprehensive suggestions regarding revival of the River.   2.                  According to the Petitioner, the River can be revived provided following steps are immediately taken – (i) prevention of dumping of solid waste, (ii) desilting of the River, (iii) stoppage of encroachment of hutment, (iv) prevention of garbage dumping, (v) control of waste processor, (vi) control of domestic sewage, (vii) prevention of illegal oil processors and industrial manufacturing, and processing units, (viii) widening of River, control of pollution and prevention of illegal diversions of the River by Airport Authority and MMRDA. 3.                  The Petitioner suggested what action should be taken by the Airport Authority, State Government, MMRDA, Collector, Bombay Municipal Corporation and Maharashtra Pollution Control Board.  According to the Petitioner, if aforementioned steps are taken, the original status of the River can be revived. 4.                  In order to redress the problem of pollution and degeneration of the Mithi River caused by a variety of reasons such as the discharge of industrial effluents, oil, domestic waste, dumping, diversions, etc.  and in order to put into motion a process for the revival and prevention of the River, some directions are necessary to be passed. 5.                  We have heard learned counsel for the parties at length.  The learned counsel appearing for the Petitioner, learned Advocate General, learned counsel appearing for the Maharashtra State Pollution Control Board, learned counsel appearing for the Bombay Municipal Corporation and learned counsel appearing for MMRDA have no objection if the following directions are passed.  Consequently, in the larger public interest, we pass the following directions :-                                                               i.      The Respondents are directed to identify all illegal, unlicensed commercial units on the banks of Mithi River.  The concerned authorities are directed to give them notices within ten days from today and pass a reasoned order in accordance with law within two weeks thereafter.  This exercise shall be carried out by the Municipal Corporation of Greater Bombay and Maharashtra State Pollution Control Board.                                                             ii.      The Respondents shall take all necessary steps to ensure a check on the daily discharge of waste, effluents, dumping activities and prosecute the offenders under the provisions of the Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.  This exercise must be carried out by Respondent No. 8.  We direct Respondent No. 3 – BMC to provide proper garbage collection system to prevent people from dumping garbage into the Mithi River.                                                           iii.      Respondent No. 3 is also directed to ensure that no new encroachments or industrial activities on the riverbank are permitted.  No new licences for industrial activities on the bank of the River shall be issued without the leave of this Court.  Respondent No. 3 shall ensure that adequate number of temporary latrines are constructed to avoid people using the River/its banks as a public toilet. 6.                  The learned counsel appearing for the parties submit that the aforementioned directions shall be strictly complied with. 7.                  We direct Respondent No.3 – Municipal Corporation of Greater Bombay – and Respondent No. 8 – Maharashtra State Pollution Control Board – to file reply-affidavit within three weeks indicating whether the aforementioned directions have been complied with ? 8.                  The Airport Authority of India is also directed to file reply – affidavit within three weeks.  No further time shall be granted. 9.                  Mr. Ravi Kadam, the Advocate General, has placed on record a notification dated 19th August, 2005 by which “Mithi River Development and Protection Authority” has been set up under the chairmanship of the Chief Minister and a meeting is scheduled tomorrow.  The learned Advocate General is also directed to inform the Court on the next date of hearing what steps have been taken by the High Powered Committee.  Let the affidavit in this regard be filed by the concerned Secretary. 10.             We would like to place on record our appreciation for preparation of comprehensive action report by the Petitioner on our instance. 11.             List this Petition again on 26th September, 2005. CHIEF JUSTICE S.J. VAZIFDAR, J.

Mithi Nadi HC Order 03.10.05 Statement

Kirit Somaiya ….. Petitioner

Versus

State of Maharashtra and Ors. ….. Respondents

Mr. Janak Dwarkadas, Senior Advocate with Ms. Madhavi Diwan instructed by M/s. Dhruve Liladhar & Co. for the Petitioner.

Mr. Ravi Kadam, Advocate General with Mr. K.R. Belosey, Assistant Government Pleader for Respondent Nos. 1, 2, 5 and 10.

Mr. K.K. Singhvi, Senior Advocate, with Mr. D.H. Mehta and
Mrs. Priti Purandare for Respondents No. 3 and 4.

Mr. R.M. Sawant for Respondent No. 6

Mr. B.A. Desai, Additional Solicitor General, with Ms. S.V. Bharucha for Respondent Nos. 7 and 11.

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

Mr. M.S. Delhvi instructed by Mr. M.V. Kini for Respondent No. 9.

CORAM : DALVEER BHANDARI, C.J. &
S.J. VAZIFDAR, J.
DATE : OCTOBER 3, 2005.

1. After this Court passed a de4tailed order on 31st August, 2005, an affidavit has been filed on behalf of Maharashtra State Pollution Control Board, Mumbai. An additional affidavit has also been filed on behalf of Maharashtra State Pollution Control Board, Mumbai. Further, an affidavit has been filed by the Under Secretary, Urban Development Department, Government of Maharashtra. Copies of these affidavits could not be given to the learned counsel appearing for different parties.
2. Similarly, an affidavit has been filed in Court on behalf of Bombay Municipal Corporation (for short, ‘B.M.C.’). Copies of this affidavit have been handed over to the learned counsel appearing for different parties. Affidavits have also been filed on behalf of respondents No. 7 and 9.
3. Mr. Janak Dwarkadas, learned Senior Counsel appearing for the petitioner, has drawn our attention to the maps published by the concerned respondents. The length of Mithi River is about 13.75 Kilo Metres but in the map, at many places, it has been shown as ‘Nallah’. The learned Advocate General appearing for the State and Mr. Singhvi, learned Senior Counsel, appearing for the B.M.C., do not dispute this fact that, in fact, Mithi River is about 13.75 Kilo Metre long, but at some points, it is very narrow and gives the impression of Nallah. Both the learned Advocate General and Mr. Singhvi submit that all efforts would be made to rejuvenate the entire river. Because of paucity of time, the counsel appearing for different parties pray for a short adjournment. We deem it appropriate to give one more opportunity to the parties to go through the affidavits and make submissions.
4. Mr. Singhvi and the learned Advocate General submit that no permission for any kind of development whatsoever shall be granted to anyone in contravention of law.
5. We direct the B.M.C. the Collector and other concerned public authorities to ensure that unauthorized encroachments be removed in accordance with law and also ensure meticulous compliance of our previous orders.
6. List this PIL again on 24th October, 2005, along with connected matters.

CHIEF JUSTICE

S.J. VAZIFDAR, J.

Mithi Nadi HC Order 22.02.06 Statement

Kirit Somaiya ….. Petitioner Versus State of Maharashtra and Ors. ….. Respondents Mr. Janak Dwarkadas, Senior Counsel with Mrs. Madhavi Diwan i/b M/s. Dhruva Liladhar & Co. for the petitioner. Mr. R.M. Kadam, Advocate General with Mr. K.R. Belosay, AGP for respondent Nos. 1,2,5, & 10. Mr. K.K. Singhvi, Senior Counsel with Mr. D.H. Mehta and Mrs. P.A. Purandare for the respondent Nos. 3 and 4. Mrs. Rekha Tawade i/b M/s. M.V. Kini & Co. for the respondent No. 6. Mr. C.M. Lokesh for respondent No. 7. Mr. R.V. Govilkar for respondent No. 8. Mr. B.A. Desai, Addl. Solicitor General with Mrs. with Mrs. S.V. Bharucha for respondent No. 11. Mr. Ganesh Gole – Intervenor. CORAM : R.M. LODHA & ANOOP V. MOHTA, JJ. DATED : 22nd FEBRUARY, 2006. P.C.: Now since Mithi River Development & Protection Authority (MRDPA), C/o. MMRDA, Bandra-Kurla Complex, Bandra (East), Mumbai – 400050 has been constituted, we direct impleadment of the said authority as respondent No. 12. Necessary amendment to be carried out forthwith. 2. Mr. K.R. Belosay, Assistant Government Pleader waives service for newly added respondent – MRDPA. 3. Mr. R.M. Sawant, Government Pleader prays for short time for filling an Affidavit about the action/s that have been taken pursuant to the orders of the court and the present status of the plan of action. 4. The respondent No. 8 Maharashtra Pollution Control Board (MPCB) is also directed to file an Affidavit stating therein the compliance of the directions given in the order dated 31st August, 2005 and on subsequent dates. 5. S.O. to 1st March, 2006, High on Board. Sd/- (R.M. LODHA, J.) Sd/- (ANOOP V. MOHTA, J.)

Mithi Nadi HC Order 01.03.06 Statement

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.)

Mithi Nadi HC Order 03.03.06 Statement

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 : 3rd March 2006 P.C. On 1st 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., 2nd March, 2006. For this purpose alone, we direct the Office to post the matter on 3rd 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 31st 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 22nd 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 22nd March 2006. 9. Stand over to 22nd March 2006. (R. M. LODHA, J.) (ANOOP V. MOHTA, J.)

Mithi Nadi HC Order 26.04.06 Statement

ersus 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.

Mithi Nadi HC Order 05.05.06 Statement

Kirit Somaiya. .. Petitioner Versus State of Maharashtra & 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. C.M. Lokesh for Respondent No.7. Mr. R.V. Govilkar for Respondent No.8. Mr. K.K. Singhvi, Senior Advocate with Mr. Ashish Kamat for the BMC Mr. R.M. Sawant, Government Pleader for MMRDA. CORAM: KSHITIJ R. VYAS, C.J. & DR. D.Y. CHANDRACHUD, J. DATED: 5th May, 2006 P.C. : The progress report of Mithi River Development Work dated 30th April, 2006 submitted by the Project Director and Member Secretary, MRDPA is taken on record. He has noted that the decision regarding rehabilitation of commercial PAPs whose area is more than 225 sq. ft. is under active consideration of the Government of Maharashtra and it is proposed to provide them a piece of land / plot in village Turbhe Mandale. The assurance is also given by the Learned Advocated General that the State will take a policy decision in the matter and appropriate steps shall be taken. For further report let the matter be placed before the Vacation Judge on 19th May, 2006 as well as on 31st May, 2006. CHIEF JUSTICE (DR. D.Y. CHANDRACHUD, J.)

Mithi Nadi HC Order 31.05.06 Statement

Kirit Somaiya ..Petitioner Vs. State of Maharashtra and Ors. ..Respondents Mr.Darshan Mehta i/b Dhruve Liladhar and Co. for Petitioner Ms.A.R.Joshi Advocate for Respondent No.1 Mr.R.M.Sawant GP for Respondent No.7. Mr.K.R.Belosey AGP for Respondent Nos.2, 5 and 10 Mr.Y.R.Mishra Advocate for Respondent No.11. CORAM: SMT.V.K.TAHILRAMANI,J. [VACATION JUDGE] DATE : MAY 31, 2006 P.C. 1. Heard the learned Advocates for the parties. Perused the Report dated 31st May, 2006. S.O. 7.6.2006. Mr. Sawant, the learned G.P., assures the Court that in the meantime they will continue with the remaining work and will try to complete it as expeditiously as possible. [ SMT.V.K.TAHILRAMANI,J.]

Mithi Nadi HC Order 07.06.06 Statement

Kirit Somaiya ….. Petitioner

Versus

State of Maharashtra and Ors. ….. Respondents

Mr. Janak Dwarkadas, Senior Advocate with Ms. Madhavi Diwan instructed by M/s. Dhruve Liladhar & Co. for the Petitioner.

Mr. Ravi Kadam, Advocate General with Mr. K.R. Belosey, Assistant Government Pleader for Respondent Nos. 1, 2, 5 and 10.

Mr. K.K. Singhvi, Senior Advocate, with Mr. D.H. Mehta and
Mrs. Priti Purandare for Respondents No. 3 and 4.

Mr. R.M. Sawant for Respondent No. 6

Mr. B.A. Desai, Additional Solicitor General, with Ms. S.V. Bharucha for Respondent Nos. 7 and 11.

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

Mr. M.S. Delhvi instructed by Mr. M.V. Kini for Respondent No. 9.

CORAM : DALVEER BHANDARI, C.J. &
S.J. VAZIFDAR, J.
DATE : OCTOBER 3, 2005.

1. After this Court passed a de4tailed order on 31st August, 2005, an affidavit has been filed on behalf of Maharashtra State Pollution Control Board, Mumbai. An additional affidavit has also been filed on behalf of Maharashtra State Pollution Control Board, Mumbai. Further, an affidavit has been filed by the Under Secretary, Urban Development Department, Government of Maharashtra. Copies of these affidavits could not be given to the learned counsel appearing for different parties.
2. Similarly, an affidavit has been filed in Court on behalf of Bombay Municipal Corporation (for short, ‘B.M.C.’). Copies of this affidavit have been handed over to the learned counsel appearing for different parties. Affidavits have also been filed on behalf of respondents No. 7 and 9.
3. Mr. Janak Dwarkadas, learned Senior Counsel appearing for the petitioner, has drawn our attention to the maps published by the concerned respondents. The length of Mithi River is about 13.75 Kilo Metres but in the map, at many places, it has been shown as ‘Nallah’. The learned Advocate General appearing for the State and Mr. Singhvi, learned Senior Counsel, appearing for the B.M.C., do not dispute this fact that, in fact, Mithi River is about 13.75 Kilo Metre long, but at some points, it is very narrow and gives the impression of Nallah. Both the learned Advocate General and Mr. Singhvi submit that all efforts would be made to rejuvenate the entire river. Because of paucity of time, the counsel appearing for different parties pray for a short adjournment. We deem it appropriate to give one more opportunity to the parties to go through the affidavits and make submissions.
4. Mr. Singhvi and the learned Advocate General submit that no permission for any kind of development whatsoever shall be granted to anyone in contravention of law.
5.We direct the B.M.C. the Collector and other concerned public authorities to ensure that unauthorized encroachments be removed in accordance with law and also ensure meticulous compliance of our previous orders.
6.List this PIL again on 24th October, 2005, along with connected matters.

CHIEF JUSTICE

S.J. VAZIFDAR, J.

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