1. Today, the Petition is listed for reporting compliance with the directions issued by the order dated 21 June 2018.
2. As far as clause (iii) of the operative part of the order is concerned, there is an Affidavit filed by Shri. Sampath Dawkhar, Resident Deputy Collector, Mumbai City, which brings on record the order dated 27 July 2018 passed by a Division Bench of this Court in the Writ Petition (L) No. 2480 of 2018. Out of six structures covered by clause (iii), the Affidavit records that the four structures have been removed and the action as regards two other structures has been kept in abeyance till 20 August 2018.
3. As regards direction in clause (iv), the learned Counsel appearing for the Municipal Corporation states that he will place on record an Affidavit mentioning the reasons for not submitting the proposal to the Maharashtra Coastal Zone Management Authority (MCZMA). Such Affidavit shall be filed within a period of three weeks from today. As far as Clause (v) is concerned, a Compliance Affidavit is filed by Dr. Dnyaneshwar Sadashiv Chavan, Deputy Commissioner of Police, Zone-2, Mumbai City.
4. As far as Clause (vi) is concerned, paragraphs 5 and 6 of the Affidavit of Shri. Sampath Dawkhar are relevant. The learned Counsel appearing for the Municipal Corporation seeks time to take instructions as regards the response of the Municipal Corporation to the letter dated 30 July 2018 addressed to the Collector. The response of the Municipal Corporation shall be placed on record within a period of three weeks from today.
5. As regards direction contained in Clause (vii), the same has been complied with. As regards Clause (ix), we direct the Municipal Corporation to take appropriate decision within a period of three weeks. In the meanwhile, it will be open for the Monitoring Committee or Shri. Vikas Dilawari to submit a further suggestions on this aspect.
6. Today, the learned Counsel appearing for the Monitoring Committee has placed on record a copy of Fire Investigation Report submitted by the Chief Fire Officer of the Mumbai Fire Brigade and especially, the conclusions and recommendations therein. The report is as regards the huge fire to the structure erected by the State Government for “Make in India” event. The conclusion is that there was a negligence and default on the part of the Contractor appointed by the State Government for holding of the event. It is stated that highly combustible material was placed below the stage which aggravated the fire. A copy of this report has been furnished to the learned AGP. We direct the State Government to consider the recommendations in the said report and to decide whether any action deserves to be taken against the contractor and other agencies appointed for holding the function on 14 February 2016 especially in the light of the fact that the enormous damage was caused due to the fire to the beach. The State Government shall take appropriate decision of this aspect and report to the Court within a period of three weeks from today.
7. For considering the compliance by the Municipal Corporation and by the State Government, the Petition shall be listed on 28 August 2018 under the caption of “Directions”.
8. Affidavit shall be filed by both the Municipal Corporation and the State Government on or before 24 August 2018.