Supreme Court - Daily Orders
Mumbai Metropolitan Region ... vs Jalbiradari . on 21 September, 2023
Bench: A.S. Bopanna, M.M. Sundresh
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ITEM NO.105 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 10463-10464/2016
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
JALBIRADARI . & ORS. Respondent(s)
IA No. 75538/2021 - APPLICATION FOR PERMISSION
IA No. 137997/2021 - CLARIFICATION/DIRECTION
IA No. 1/2016 - CONDONATION OF DELAY IN FILING
IA No. 3/2016 - EX-PARTE STAY
IA No. 38168/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 137998/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 48731/2021 - EXEMPTION FROM FILING O.T.
IA No. 138352/2023 - INTERLOCUTARY APPLICATION
IA No. 159989/2019 - INTERVENTION APPLICATION
IA No. 38167/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
C.A. No. 6064-6065/2017 (XVII)
IA No. 1/2017 - CONDONATION OF DELAY IN FILING APPEAL)
Date : 21-09-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. Nakul Dewan, Sr. Adv.
M/S. Khaitan & Co., AOR
Mr. Anindya Basarkod, Adv.
Ms. Anushka Sharda, Adv.
Mr. Rohit Ghosh, Adv.
Mr. Raj Panchmatia, Adv.
Mr. Peshwan Jehangir, Adv.
Mr. Jash Shah, Adv.
Ms. Tansi Fotedar, Adv.
Ms. Noorie Sarna, Adv.
Signature Not Verified
Digitally signed by
Mr. Satya Mitra, AOR
Nisha Khulbey
Date: 2023.09.21
17:41:25 IST
For Respondent(s)
Reason:
Mr. Satya Mitra, AOR
Ms. Srishti Agnihotri, AOR
Mr. Zaman Ali, Adv.
Ms. Tara Elizabeth Kurien, Adv.
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Mr. Mukesh Kumar Maroria, AOR
Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Mr. R. Bala, Adv.
Mr. Rana Mukherjee, Adv.
Ms. Archana Pathak Dave, Adv.
Ms. Ruchi Kohli, Adv.
Ms. Swarupama Chaturvedi, Adv.
Ms. Chitrangda Rastravara, Adv.
Ms. Ruchi G Narula, Adv.
Ms. Ameyavikrama Thanvi, Adv.
Mr. Mukesh Verma, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Yash Pal Dhingra, AOR
Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
M/S. Khaitan & Co., AOR
Mr. R.P. Bhatt Sr. Adv.
Mr. S. Sukumaran, Adv.
Mr. Anand Sukumar, Adv.
Mr. Bhupesh Kumar Pathak, Adv.
Mrs. Rucha Anand, Adv.
Ms. Meera Mathur, AOR
Mr. Gopal Sankaranarayanan, Sr. Adv.
Ms. Pooja Dhar, AOR
Ms. Aditi Gupta, Adv.
Mr. R.P. Bhat, Sr. Adv.
Ms. Tamali Wad, Adv.
Mr. Ashish Wad, Adv.
Mr. Ajeyo Sharma, Adv.
M/s J.S. Wad and Co.
UPON hearing the counsel the Court made the following
O R D E R
While hearing the learned senior counsel appearing on behalf of the Mumbai Metropolitan Region Development Authority (for short ‘MMRMDA’) and Municipal Corporation of Greater Mumbai (for short ‘MCGM’) on one side and Mr. Gopal Sankaranarayanan, learned senior 3 counsel appearing for the intervenor(s) on the other side, it has, at the outset, become necessary for us to allow the application (IA No. 138352/2023) and array MCGM as party respondent to the instant proceedings. Hence the said application (IA No. 138352/2023) is allowed.
We take note that this Court, through the Order dated 16.08.2017 in Civil Appeal Nos. 10463-64/2016 and Civil Appeal Nos.6064-65/2017 had directed that a joint team/ committee be formed for considering the matter relating to flooding and pollution in Mithi River. Pursuant thereto, the Expert Committee, having been constituted, has gone into various aspects relating to the same and a report dated 14th March, 2018 has been formulated which is brought on record of this Court along with an affidavit.
The learned senior counsel representing MMRDA has referred to the said report at some length, and has contended before us with regard to certain aspects where the implementation of the recommendations made by the Expert Committee would not be possible due to geographical constraints of the region where the Mithi River is flowing. However, we are of the opinion that at this juncture, we would not be justified in adverting to those aspects of the matter and making any alterations to the Committee’s Report since, in our view, a committee consisting of experts, has looked into this aspect and made their recommendations. But, at the same time, we are of the opinion that the steps taken thus far, insofar as implementing the other recommendations, is also an aspect which would require consideration. Therefore, at the outset, we take on record the report submitted by the Expert Committee in the manner in which it has been presented before this Court so that the matter could be proceeded further from 4 this point.
In that view, at the outset, we direct that the MMRDA and MCGM file a status report before this Court within a period of six weeks from today indicating therein the work that has been done so far and explaining reasons for the work, if any, that could not be undertaken as per the recommendations of the Expert Committee appointed in terms of the Order dated 16.08.2017.
Since, as already indicated by us, the recommendation are made by an Expert Committee, the progress that has been achieved thus far and also the difficulty expressed, are aspects which are to be looked into by the very same Expert Committee and make appropriate comments/ observations on the same which could thereafter looked into by this Court. In this regard, we request Ms. Aishwarya Bhati, learned ASG to take notice on behalf of the Committee appointed by this Court through its order dated 16.08.2017 so that the learned ASG can act as the nodal counsel to put forth the status report to be filed by the MMRDA and MCGM before it and thereafter secure the expert committee to look into the same and bring to the notice of this Court the consideration of those aspects to be made by the Committee.
Hence, list the matters on 01.11.2023.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR