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Smart Summary

Factual and Procedural Background

This opinion addresses the reporting compliance with directions issued by an earlier order dated 21 June 2018. The matter involves multiple clauses directing the Municipal Corporation and the State Government to take specific actions concerning structures, proposals to the Maharashtra Coastal Zone Management Authority (MCZMA), responses to official correspondence, and fire incident investigations related to a “Make in India” event held on 14 February 2016. Affidavits have been filed by various officials to update the Court on compliance, and further directions have been issued for ongoing reporting and action.

Legal Issues Presented

  1. Whether the Municipal Corporation has complied with the removal of specified structures as per clause (iii) of the earlier order.
  2. Whether the Municipal Corporation has submitted reasons for not submitting a proposal to the Maharashtra Coastal Zone Management Authority as directed in clause (iv).
  3. Whether the Municipal Corporation has responded to the letter dated 30 July 2018 addressed to the Collector, as per clause (vi).
  4. Whether the Municipal Corporation has taken appropriate decisions pursuant to clause (ix) of the order.
  5. Whether the State Government should take action against the contractor and other agencies responsible for the fire incident during the “Make in India” event, based on the Fire Investigation Report.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court reviewed affidavits filed by officials including the Resident Deputy Collector, the Deputy Commissioner of Police, and the Municipal Corporation’s counsel to assess compliance with the earlier order. It noted partial compliance with removal of structures and deferred action on some pending matters until specified future dates. The Court emphasized the need for the Municipal Corporation to file affidavits explaining delays in proposals to the MCZMA and responses to official correspondence. Regarding the fire incident, the Court relied on the Fire Investigation Report which attributed negligence to the contractor appointed by the State Government and directed the State Government to consider appropriate action based on the report’s recommendations. The Court set timelines for compliance and further reporting, indicating ongoing judicial supervision of the matter.

Holding and Implications

DISPOSED OF WITH DIRECTIONS

The Court disposed of the petition for the time being subject to compliance with the directions issued, including filing affidavits and taking decisions within stipulated timelines. The direct effect is that the Municipal Corporation and the State Government must comply with the Court’s directions and report back by specified dates. No new legal precedent was established, as the order primarily supervises the execution of prior directions and ongoing compliance.

    Adarsh Chowpatty Pragati Mandal And Others v. State Of Maharashtra And Others

    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.

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    Adarsh Chowpatty Pragati Mandal And Others v. State Of Maharashtra And Others
    (Aug 1, 2018)