Bombay High CourtSrimati Asha Vinyak Thorat And 52 Ors vs Assistant Engineer Assistant ... on 13 December, 2018Bench:A.S.Oka,Sandeep K. ShindeSKN                                1/6                          140.06-pil--.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORIGINAL SIDE

                 PUBLIC INTEREST LITIGATION NO. 140 OF 2006

 Janhit Manch and others.                      ...               Petitioners.
       V/s.
 Brihanmumbai Municipal Corporation & another. ...               Respondents.

                                     WITH
                     WRIT PETITION (LDG.) NO. 874 OF 2018
                                     WITH
                     WRIT PETITION (LDG.) NO. 385 OF 2018
                                     WITH
                     WRIT PETITION (LDG.) NO. 1332 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 1664 OF 2018
                                     WITH
                     WRIT PETITION (LDG.) NO. 2475 OF 2018
                                     WITH
                     WRIT PETITION (LDG.) NO. 3108 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3278 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3301 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3314 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3316 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3350 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3368 OF 2017
                                     WITH
                     WRIT PETITION (LDG.) NO. 3390 OF 2017


 None for petitioner in PIL/140/2006.
 Ms Ronita Bhattacharya & Mr. Kranti L. C. for petitioner in
 WPL/3108/2017,            WPL/3301/2017,  WPL/3314/2017,




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 WPL/3316/2017,            WPL/3350/2017,          WPL/3368/2017,
 WPL/3390/2017, WPL/385/2018 & WPL/2475/18.
 Mr. Nikhil Patil a/w Mr. Prabhakar Jadhav for petitioner in
 WPL/3278/2017.
 Ms. Juilee Ghadge i/b Mr. Himanshu Kode for Petitioner in
 WPL/1158/2017, WPL/1332/17.
 Mr. Prashant V. Malik a/w Mr. Irfan Ansari a/w Mr. Vaibhav
 Shah i/b Mr. Nilesh Masurkar for petitioner in WP/1664/2018.
 Mr. A.Y.Sakhare, SR. Counsel a/w Mr. Sagar Patil for respondent
 BMC in PIL/140/2006.
 Mr. Sagar Patil for respondent BMC in all other matters except
 PIL/140/2006.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. L.T.Satelkar, AGP for
 respondent State in PIL/140/2006.
 Mr. Girish Godbole, Spl. Counsel a/w Ms. Geeta Shastri, Addl. G.P.
 for respondent state in WPL/1158/2017, WP/1664/18 &
 WPL/2475/18.
 Mr. Girish Godbole, Spl. Counsel a/w Ms. Deepali Patankar, Asst. to
 G.P. for res. state in WPL/3314/17 & WPL/3278/17, WPL/3108/17.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. Hemant Haryan, AGP for
 respondent state in WPL/3316/17.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. Sukanta Karmakar, AGP
 for resp. State in WPL/1332/2017, WPL/3301/2017 &
 WPL/3350/17.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. S.B.Gore for respondent
 State in WPL/3368/17.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. Manish Upadhyay, AGP
 for respondent state in WPL/3390/17.
 Mr. Girish Godbole, Spl. Counsel a/w Mr. Himanshu Takke, AGP for
 respondent state in WPL/385/18.
 Ms. Sharmila Deshmukh for respondent no. 3 in WPL/874/18 &
 Respondent no. 6 & 7 in WPL/1158/17.
 Mr.A.P.Kulkarni for respondent no. 3 in WPL/1158/17,
 WPL/1332/17, WPL/3278/17 & for respondent no. 4 in
 WPL/3108/17, WPL/3314/17, WPL/3316/17, WPL/3350/17,
 WPL/3368/17, WPL/3390/17 & for respondent no. 5 in
 WPL/3301/17.
 Mr. Anoop Patil for respondent no. 4 in WPL/385/18.
 Ms. Janhavi Rane for respondent no. 5 in WPL/3108/2017.




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                           CORAM :           A.S.OKA & SANDEEP K. SHINDE, JJ.DATE        :     13th December 2018.
 P.C.:In Writ Petition (Ldg.) No.874/2018, the Mumbai Municipal
 Corporation has tendered an affidavit of Shri Prithviraj Chauhan, Assistant
 Commissioner, M/West Ward to which there are several annexures
 indicating the progress made in the work of repairs to the tenements of 44
 buildings. The petitioners in the pending petitions will have to deal with
 the said affidavit and, especially the annexures to the said affidavit.                         It
 will be appropriate if the petitioners in the pending petitions nominate not
 less than 10 representatives and communicate the                            names of their
 representatives to the Assistant Municipal Commissioner, M/West Ward.
 The Assistant Commissioner will ensure that the municipal officers who
 have      knowledge           about       the   work   in   progress       accompany           the
 representatives of the petitioners to various buildings so that necessary
 verification can be made by the petitioners.                        The petitioners shall
 communicate the names of their representatives at the earliest.                        Exercise
 of giving inspection shall be completed as expeditiously as possible and, in
 any event, on or before 3 rd January 2019. The petitioners are free to file
 their response to the said affidavit of Shri Prithviraj Chauhan by 10 th
 January 2019.2.                The learned counsel appearing for the State Government has
 placed on record interim report dated 12 th December 2018 submitted by
 IIT, Mumbai. The report is an eye opener. In the report, it is mentioned
 that the location of township in Mahul which is in close proximity to::: Uploaded on - 19/12/2018                            ::: Downloaded on - 27/12/2018 06:42:10 :::SKN                                  4/6                           140.06-pil--.doc


 refineries, eco-sensitive zones, industrial areas and chemical storage
 complexes is a key contributor to pollution affecting health, life, livability
 and overall quality of life. It is also mentioned therein that it also creates
 multiple hazards and scope for disaster and makes the entire area highly
 vulnerable and risky with respect to social, economic, physical, medical
 and environmental aspects. There are several other observations made in
 the interim report after conducting certain tests.         The report also deals
 with disaster preparedness of the colonies. What is mentioned under the
 heading "Hygiene and Public Health Condition" is very disturbing.                     We
 direct the State Government to immediately place the said report before
 the Chief Secretary of the State Government to enable him to apply his
 mind and to respond to the same.3.                The learned counsel appearing for the State Government
 states that final report of IIT, Mumbai is expected to be received in the
 second week of January 2019.         Referring to the minutes of the meeting
 held in the office of the Hon'ble Housing Minister on 12 th November 2018,
 he pointed out that there is no proposal for in-situ redevelopment within
 the distance of 10 meters from the main water pipeline supplying water to
 the city of Mumbai.           As regards the second point discussed in the
 meeting, he states that he has not received any instructions whether any
 report was submitted to the State Government.           He pointed out that the
 officers of the Urban Development Department were not present in the
 said meeting. We direct the State Government to place on record a copy
 of the report submitted on Issue No.2 discussed in the said meeting. Our
 attention is also invited to the minutes of the meeting held on 14 th
 November 2018 convened by the Hon'ble Mayor of the city. We find from::: Uploaded on - 19/12/2018                   ::: Downloaded on - 27/12/2018 06:42:10 :::SKN                                   5/6                            140.06-pil--.doc


 the minutes of the meeting that none of the senior officers of the State
 Government was present.            We have invited attention of the learned
 counsel appearing for the Municipal Corporation to certain objectionable
 portions of the minutes at page-5 of the minutes. We hope and trust that
 the Municipal Corporation shall ensure that the minutes are corrected so
 that the objectionable portion does not remain part of the minutes.4.                We must note here that clear prima facie findings have been
 recorded in various orders passed by this court from time to time and, in
 particular in the orders dated 8th May 2018 and 19th August 2018. We are
 constrained to observe that there is no serious effort made by the State
 Government to resolve the issues raised by the citizens rehabilitated in
 Mahul. There are different meetings held at different levels, for example
 meeting convened by Hon'ble Housing Minister.                 In the said meeting,
 none of the officers of the Urban Development Department and Slum
 Rehabilitation Authority were present.              As stated earlier, now the
 interim report of the IIT clearly shows that the allegations made in some
 of the petitions regarding condition of PAP tenements at Mahul and
 locations of tenements appear to have substance.5.                Place the petitions on 18th January 2019 at 11.00 a.m. under
 the caption of "direction". We direct the State Government to file an
 affidavit dealing with the following aspects:(a)      Compliance with the earlier orders;
          (b)      Decision taken in the meeting convened by the Hon'ble
                   Housing Minister on 12th November 2019;::: Uploaded on - 19/12/2018                     ::: Downloaded on - 27/12/2018 06:42:10 :::SKN                                     6/6                             140.06-pil--.doc


          (c)      Response of the State to the findings recorded in the
                   interim report of IIT, Mumbai.Final report of IIT, Mumbai, if received, shall also be placed on record
 along with affidavit.          Such affidavit shall be filed on or before 16 th
 January 2019.           The petitioner in Writ Petition (LDG.) No.874/2018 will
 file an affidavit dealing with the affidavit of Shri Prithviraj Chauhan on or
 before 16th January 2019.6.                Prima facie, it is very difficult to ignore the findings recorded
 in the interim report of IIT, Mumbai dated 12th December 2018. We hope
 and trust that when an institution like IIT, Mumbai which of some
 international repute has given such an opinion, the State Government will
 respect the said opinion and take remedial steps on the basis of the same.
 A copy of the interim report dated 12 th December 2018 is taken on record
 of PIL No.140/2006 and marked as "IIT R-1" for identification.7.                All concerned to act on an authenticated copy of this order.(SANDEEP K. SHINDE, J.)                                      (A.S.OKA, J.)::: Uploaded on - 19/12/2018                        ::: Downloaded on - 27/12/2018 06:42:10 :::