PIL 2116 OF 2005 MITHI REJUVENATION WORK Hearing on 28 June 2006 Presentation for Directives for Phase II

1. PIL 2116 OF 2005MITHI REJUVENATION WORK Hearing on 28 June 2006Presentation for Directives for Phase II Dr. KIRIT SOMAIYA Ex-Member of Parliament (27 June 2006)

2. Request for Directives • Phase I completion –Status Report Special efforts : Immediate measures needed • Mithi River-Vakola Nala section (see photo on page no. 3) • Vihar lake-Filterpada section (see photo on page no. 4) • Removal of remaining unauthorised structures at two places creating serious blockage • Details of Desilting, Transportation & dumping - MMRDA & BMC • Directives for protection and prevention: Immediate measures needed • Scrap dealers restarted dumping, storing waste on Mithi bank (see photo on page no. 5) • Fresh encroachment at Mahim Creek- Machhimar Colony- Pipeline at Mahim Creek CST Road – (See Photo page no. 6) • Inspite of Court Directives of 7th June 06, no police protection observed on site. • MRDPA be asked to appoint security agency to stop further encroachment at Mithi River bank. • Suggestions for Phase II by the Petitioner – (See Page No. 8 to 10) • Respondents to submit Phase II Action Plan to the Court • Directives from the Hon Court for Phase II during next hearing.

7. Action Plan- 2005-2008 Action taken till now: • Immediate measures taken Aug. to Oct. 2005 • Phase I implementation– Jan. to June 2006 Directives Requested • Immediate Action: • Protection/prevention – arrangements to be made – urgent directives necessary Phase II : Details on Page 8 to 10 Phase III : Details on Page 11

8. Phase II : • Preparation of correct map showing original flow (as suggested in CWPRS /Chitale Committee Reports) of Mithi River by City Survey Dept. • Implementation of CWPRS, IIT & Chitale Committee Report • Demarcation of correct boundary by Collector • Completion of widening, deepening, de-silting as per above demarcation • Urban Ministry to correct 1981 Development Plan of Mumbai & to show the Mithi River correctly • Demarcation of CRZ, NDZ, Security Zone etc. • Provision for acquiring NOC from MRDPA & MPCB be made necessary for any development by any agency within 10 meters of Mithi River • Construction of retaining wall • Creation of Security/Safety Zone • Development of side roads • Further removal of encroachment & rehabilitation • Decision regarding pucca official legal structure coming in the way of development of Mithi River.

9. Phase II (Cont…) • Measures to stop garbage & debris throwing into Mithi. Strengthening of garbage collection system • Control of domestic sewage & diversion of flowing of culverts in Mithi • construction of sewage line on both sides of the river • Construction of sufficient public toilet blocks in the slums near Mithi bank • Action to stop industrial pollution in the river • Plan of further encroachment, extension & pollution by the Scrap dealers, illegal oil processors near CST area • MPCB- Klean Environmental Consultants Pvt. Ltd. action for 5700 units (MPCB Affidavit of 28.02.06) to be implemented • No progress report – action taken report submitted by MPCB till now – Status & Progress Report be submitted • Plan to widen and strengthen mouth of Mithi • Creation of holding pan & natural diversion at 900 diversion of Mithi & bottlenecks • Action plan for Airport area- No progress – action taken report submitted till now

10. Phase II (Cont…) • Constitutional formation of MRDPA • MRDPA & State Government to prepare financial plan & provisions • Setup for co-ordination among the multiple agencies such as MMRDA, BMC, MPCB, Collector • Setting-up time frame for all the agencies to implement 2nd Phase. • Fixing of responsibility & system of accountability be evolved. • Plan to be submitted to the Court on next hearing and work to be started after monsoon.

11. Phase III : • Beautification,Landscaping, Permanent System for protection of Mithi, • Permanent Financial Provision, • Development of water storage (underground storage system), • Permanent system of protection, • Raising heights of various Road Bridges of & on Mithi River, • Develop as tourist spot • Erection- Installation of Flood Gate at JVLR, Sakinaka • Boating facilities between • Mahim Creek to BKC • Filterpada – JVLR, Sakinaka • To be implemented after completion of Phase II

12. S.No. Date Directives 1 17.8.2005 i) Respondents to file response in 2 weeks. ii) Petitioner to submit concrete plan of action to be taken by the Respondents. 2 31.8.2005 i) Respondents to identify illegal, unlicensed commercial units on banks and take action. ii) BMC and MPCB to act to stop further pollution. iii) BMC/MPCB to check daily discharge of waste, affluent, etc. iv) No new licences for industrial activity/encroachment without the leave of the Court. v) Construction of temporary latrines/toilet. vi) File compliance in 3 weeks. vii) Airport Authority to file reply in 3 weeks. viii) Action and minutes of Mithi River Authority of High Power Committee to be submitted to the Court. 3 3.10.2005 • i) Existence of Mithi in Development Plan be clarified. • ii) No permission for any kind of development to be granted in • contravention of law. • Authorities to ensure unauthorized encroachments are removed in accordance with law. 4 22.2.2006 Respondents directed to file action taken report. 5 1.3.2006 • i) Removal of 3600 encroachments and rehabilitation by 31.5.2006. • MPCB to expedite action on unauthorized industrial units including closure. • MRDPA to implement Mithi development work in two phases. • Phase I to be completed by 31st May 2006. • MRDPA to monitor, oversee work of widening, deepening and • desilting work executed by MMRDA and MCGM. • vi) Phase II : Construction of retaining wall, side roads, landscape, • etc., to be started after monsoon of 2006. • vii) BMC to make arrangement for removal of garbage, solid waste • every day. • viii) MPCB and Reliance Energy to act for disconnection of power • supply to unauthorized industrial units. 6 3.3.2006 • i) BMC has to strengthen the system of removal of garbage/solid • waste from Mithi banks. • ii) Concerned Ward Officers directed to take inspection of the sites • along with the Petitioner. • Ward Officer to submit compliance report on action taken report on site inspection visit. • Authorities to take action against illegal dumping of debris. SUMMARY OF COURT DIRECTIVES DURING VARIOUS HEARINGS(17.08.05 TO 07.06.06)

13. 7 26.4.2006 • i) Progress report by MRDPA to be filed before 4th May 2006, 18th May 2006, 29th May 2006. • ii) Phase I to be completed by 31st May 2006. • Further hearing on 5th May 2006 and also during summer recess before the Vacation Judges on 19th May 2006 and 31st May 2006. • iv) Removal and rehabilitation of 269 commercial occupants within one week. • Strengthen action against individuals and commercial units • dumping garbage and debris along Mithi. 8. 5.5.2006 i) Progress report of 30th April 2006 taken on record. ii) Rehabilitation of commercial units to be expedited. 9. 19.5.2006 • i) Second Progress report submitted. • ii) Immediate steps to remove silt from the site., • Fresh report regarding removal and transportation to be submitted before Vacation Judge on 31.5.2006. • MMRDA to consider objection regarding unauthorized • construction sprang along side of the Mithi river track of half kilometer and apprise the Collector. • v) Collector to take steps for immediate removal of such structures. 10. 31.5.2006 i) Progress report taken on record. ii) As the work on Phase I not completed on 31st May 2005, directions to continue and expedite the remaining work. 11. 7.6.2006 • i) Remaining work to be completed by 21st June 2006 and 100% • compliance report to be submitted on 28th June 2006. • Proper security arrangement to be put in place to ensure no fresh encroachment. • State to provide adequate police force for guarding the banks of Mithi River. SUMMARY OF COURT DIRECTIVES – DURING VARIOUS HEARINGS(17.08.05 TO 07.06.06)