High CourtsDivision Bench(2017) 03 BOM CK 0130

Kannamwar Coop. Hsg. Soc. Association vs Union of India

Bombay High Court · Decided on 3 March 2017

HON’BLE JUDGES
Dr. Manjula Chellur, CJ. and G.S. Kulkarni, J.
RESULT
Disposed Off
CASE NUMBER
Public Interest Litigation No. 27 of 2016

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Judgment

5 paragraphs · 244 words
1.

In Writ Petition No.27/2016, respondent Nos.5 and 7 have filed their affidavit-in-reply. In Writ Petition No.131/2012 also, respondent No.6 has filed affidavit-in-reply. We direct the above respondents to furnish copy of their reply-affidavit to the other parties so as to understand the stand of each other. Petitioner to file rejoinder, if any, within one week from today.

2.

Learned counsel appearing for the Pollution Control Board submits that the Board has already issued show-cause-notice to the Corporation indicating deficits in maintaining dumping ground/land fill site near Kanjurmarg leading to disastrous results which would definitely affect the large population.

3.

We direct the respondent-Corporation to place on record the measures they have already undertaken to restrain the problems indicated in the show-cause-notice given by the Pollution Control Board. It is needless to mention that the Pollution Control Board must take its show-cause-notice to the logical end and compel the concerned Corporation to comply with the directions wherein the measures are indicated.

4.

We direct the Pollution Control Board and the Corporation concerned to place on record detailed report regarding measures to safeguard the interest of the general public. It is needless to state that while discharging the duties, both the Pollution Control Board and the respondent-Corporation have to keep in mind directions given by this Court in the order dated 2nd April 2013 passed in Writ Petition No.1740/1998 (Vinay Laxman Tatke v. Navi Mumbai Municipal Corporation).

Stand over to Monday i.e. 6th March 2017.