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"3. I further state that, by letter dated 9th April 2014 Urban Development Department (UDD), Government of Maharashtra has clarified to the Municipal Corporation of Greater Mumbai and Mumbai Metropolitan Region Development Authority (MMRDA) regarding the jurisdiction of Mumbai Metropolitan Region Development Authority (MMRDA) and Municipal Corporation of Greater Mumbai (MCGM) and the works to be undertaken by these Authorities. The GoM clarification mentions that, MRDPA is not the Statutory Authority and hence acquisition of land and rehabilitation work cannot be undertaken by the said authority. Hereto annexed and marked as Exhibit-'2', is the copy of the letter dated 09.04.2014.

7. I further state that, in addition to said letter dated 9th April, 2014 the State Government also has clarified vide Government Resolution No.MRD- 3314/CR33/UD-7, dated 29th July, 2015 that, all the expenditure related to the all works to be borne by MCGM and MMRDA in their respective stretches if the Mithi River Development and Protection Authority does not provide special funds for these works. Hereto annexed and marked as Exhibit-'3', is the copy of the Government Resolution dated 29 th July, 2015. Hence, the Municipal Corporation of Greater Mumbai (MCGM) and Mumbai Metropolitan Region Development Authority (MMRDA) are required to pay compensation to affected persons in respect of their respective stretches of Mithi River Development Project."

15. We have given careful consideration to the submissions. We have perused the Government Resolution dated 19 th August, 2005 under which the said Authority was established for the development and protection of the Mithi River. The said Government Resolution records that there have been encroachments made on the riverbed of the Mithi River which originates from Vihar Lake which is having length of 13.745 Kilometers. The said Government Resolution recites that the length of 3.5 kilometers comes within the jurisdiction of MMRDA and remaining length of 10.2 kilometers falls within the jurisdiction of BMC. It is stated that in the light of the serious situation created by floods of 26th July, 2005, it was decided to set up the said Authority which will be an "independent Authority". The Authority is headed by the Hon'ble the Chief Minister as its Chairman and the Hon'ble the Deputy Chief Minister of the State as its Vice-Chairman. The Municipal Commissioner of the BMC and the Metropolitan 17 of 24 18 wp-2396,2398.13,1470.12 Commissioner of the MMRDA are also members of the said Authority. In clause (B) of the said Government Resolution, the scope of work of the said Authority has been defined. The work includes approval to the development plan of Mithi River area and grant of approval to various projects for the implementation of the said plan. It provides that it will be the function of the said Authority to rehabilitate the project affected persons of the projects. Another function of the said Authority is to coordinate with the Government/Semi-Government Institutions. Under Clause (C), a Special Committee was constituted for implementing the development plan approved by the said Authority. The said Committee is headed by the Chief Secretary of the State Government. The Commissioners of MMRDA and BMC are the members of the said Committee. The Government Resolution further provides that the funds required for the said Authority will be raised by the Central and the State Governments, BMC, MMRDA and Financial Institutions.

16. As indicated by the affidavit of Shri S.K. Salimath, the Deputy Secretary to the Urban Development Department which is dated 30th July, 2015 filed in Writ Petition No.1470 of 2012, the State Government realized that the said Authority is not a Statutory Authority and therefore, acquisition and rehabilitation work cannot be undertaken by the said Authority. That is how the letter dated 9 th April, 18 of 24 19 wp-2396,2398.13,1470.12 2014 was issued by the Urban Development Department of the State Government to the MMRDA and the BMC providing that the BMC and the MMRDA will be responsible in respect of the specific areas mentioned therein for the implementation of all the works in relation to the Mithi River including the work of acquisition as well as rehabilitation of project affected persons. The said letter provides that the said Authority will act as a coordinating Agency for coordinating with BMC and MMRDA. The Government Resolution/decision dated 29th July, 2015 reiterates what is stated in the letter dated 9 th April, 2014 and records that if for the work of acquisition and rehabilitation of the project affected persons, special funds are not made available by the said Authority, the entire cost of the works shall be borne and paid by the BMC and the MMRDA for the works carried out within their respective jurisdictions. In fact by the letter dated 19 th September, 2015 addressed by Dr. Nitin Kareer, the Principal Secretary of the Urban Development Department to the Commissioner of the BMC, a direction was issued that the BMC will be responsible for the payment of compensation and related expenses in relation to the lands subject matter of the present Petitions. We have already quoted the specific statements on oath made by Shri S.K. Salimath in his affidavit dated 30th July, 2015. We have also noted the stand taken by Shri S.G. Parulkar on behalf of the BMC by quoting the contents of his affidavit.