2-PIL.145.2011.doc


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

            PUBLIC INTEREST LITIGATION NO. 145 OF 2011


 Ajay Jayram Joshi                        }       Petitioner
           versus
 Thane Municipal Corporation              }
 and Ors.                                 }       Respondents


 Mr.Ganesh Sovani for the petitioner.

 Mr.R.S.Apte-Senior Advocate with Mr.A.R.Pitle for
 respondent no.1.

 Mr.M.M.Pable-AGP for respondent no.2 (State).

 Ms.Rekha Panchal for respondent no.3.

 Mr.Amol Mhatre for respondent no.5.

 Ms.Nikita Panse i/b. Veritus Legal for respondent no.7.

 Mr.Yesugade-Executive Engineer, TMC and Mr.Rawal-
 Deputy Engineer, TMC present.


                               CORAM :- S. C. DHARMADHIKARI &
                                        R. I. CHAGLA, JJ.

DATED :- JANUARY 22, 2020 P.C. :-

1. Mr.Ganesh Sovani says that despite the statements made on instructions from the Executive Engineer by Mr.Apte-learned senior counsel, he will have to speak to the petitioner whether to proceed with the petition.

Page 1 of 4 J.V.SALUNKE,PS ::: Uploaded on - 24/01/2020 ::: Downloaded on - 24/01/2020 20:52:18 ::: 2-PIL.145.2011.doc

2. The PIL petition concerns the unauthorised ready-mix plants in residential locality within the Thane Municipal Corporation limits. On 3rd December, 2019, we had passed the following order on this PIL:-

""1. We have heard Mr. Ganesh Sovani, appearing forthe petitioner. Since Mr. Sovani says that he could not carry out the amendments which have been granted by this Court, we extend the time to carry out the amendments. The same be carried out within one week from today.

2. After a brief hearing of this PIL, we are informed that the newly added respondent No.5 has not been served with a copy of the petition. Let Mr. Amol Mhatre take a copy of this petition along with all the affidavits on record by paying the usual copying charges.

3. The PIL concerns Ready Mix Cement Concrete ("RMCC") Plants functioning within the green and residential zones within the limits of the Thane Municipal Corporation.

4. We have perused the affidavit of the Thane Municipal Corporation in which there is a statement made that the Municipal Corporation is making efforts to ensure that no unauthorised RMCC Plant functions in the residential and green zones.

5. Since Mr. A.R. Pitale, Advocate appearing for respondent No.1, is absent today, we direct that the Executive Engineer, Town Planning Department in the Thane Municipal Corporation should remain present in this Court on the next date with all original records. We would like to satisfy our conscience, particularly with regard to the correctness of the statement made in para 11 of the affidavit. If actions have been taken against illegal and unauthorised RMCC Plants and which would continue hereafter, then, we do not think that the PIL be kept pending.

6. It is clear that on 10-1-2014, on this PIL, this Court was pleased to pass the following order:- "1. Despite the order dated 21.02.2013, respondent No.1 has not filed an affidavit in reply. As a last chance, stand over to 31.01.2014.

J.V.SALUNKE,PS ::: Uploaded on - 24/01/2020 ::: Downloaded on - 24/01/2020 20:52:18 ::: 2-PIL.145.2011.doc

2. Till further orders, respondent No.1 shall not issue further permission for ready mix cement concrete plants in green and residential zones of the Thane city. If the affidavit in reply is not filed by the next date, it will be necessary to consider whether or not to restrain respondent No.1 from renewing the existing licenses.

3. Respondent No.3 is also directed to file an affidavit stating whether the ready mix cement concrete plants in green and in residential zones would comply with the provisions of the Air (Prevention & Control of Pollution) Act, 1981." There is no record today before us which will reveal whether despite the orders of this Court, any permission to set up RMCC Plant in the above zones has been granted. There is no record to indicate whether action has been taken against the unauthorised and illegal plants as well.

7. It is in these circumstances that we place this PIL on 8-1-2020 but would like the Executive Engineer to remain present on that date with all original records.""

3. Pursuant thereto, Mr.Apte has stated that there were 18 plants identified as unauthorised and illegal. Out of these 18, 12 have been dismantled and removed. From the remaining 6, 3 are being used for mixing cement concrete for the purpose of implementing the public projects such as widening of road etc. These projects are of the Thane Municipal Corporation and it has allowed the contractor executing the work to use these plants. These three plants would be dismantled by 31st December, 2020.

4. As far as the 3 remaining plants, 2 are regularised by Thane Municipal Corporation. The remaining one is identified as illegal and unauthorised and would be demolished within a period of one month from today.

J.V.SALUNKE,PS ::: Uploaded on - 24/01/2020 ::: Downloaded on - 24/01/2020 20:52:18 ::: 2-PIL.145.2011.doc

5. Since these instructions are received by Mr.Apte from the Executive Engineer, we would like the Executive Engineer to file his personal affidavit detailing the steps taken till date and annexing the relevant documents so that the court is satisfied that the regularisation of the two ready-mix plants is in accordance with law and that the three others are indeed used for implementing the public projects.

6. Let the affidavit be filed before 10 th February, 2020 with advance copy to Mr.Sovani. The PIL be listed on 18 th February, 2020 on the "Supplementary Board".

7. The time to amend the petition is extended till 27th January, 2020.

(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.) Page 4 of 4 J.V.SALUNKE,PS ::: Uploaded on - 24/01/2020 ::: Downloaded on - 24/01/2020 20:52:18 :::