Dr. KIRIT SOMAIYA Ex-Member of Parliament (27 June 2006)

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)