- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION No.2116 OF 2005 Kirit Somaiya ...Petitioner Vs. State of Maharashtra & Ors ... Respondents Mr. Kirit Somaiya, in person. Mr. R. J. Mane, AGP for State. Mr. A. R. Joshi for BMC. CORAM CORAM CORAM : V. R. KINGAONKAR : V. R. KINGAONKAR : V. R. KINGAONKAR, J. (VACATION JUDGE) DATE DATE DATE : MAY 19, 2006. : MAY 19, 2006. : MAY 19, 2006. P.C. :- . The second progress report of Mithi river forwarded by Dr. Vikas Todwalkar,Project Director and Member Secretary is taken on record. Heard counsel and considered the progress report. It is submitted that silt removed from the river bed is stacked at the site. It is required to be removed from the site and there is likelihood of serious problem, if the rains would lash the city and create water stagnation due to blockage of Mithi river. The MMRDA and concerned authority is directed to immediately take steps and clear the excavated material, if not already cleared and to submit afresh report regarding the removal of excavated material, debris and silt, before the Vacation Judge on 31st May, 2006. The MMRDA to consider the objection regarding unauthorised constructions sprang along side of the river track of half Kilometer and to apprise the Collector in this behalf. The necessary steps - 2 - shall be taken immediately, by the Collector for removal of such structures if the structures are found to be unauthorised and are likely to create blockage in the clearance of Mithi river track/bed. [ V. R. KINGAONKAR, J. ] V. R. KINGAONKAR, J. ] V. R. KINGAONKAR, J. ]