Sunder Nagari Rahivasi Sangh v. Municipal Corp. of Gr. Mumbai

After hearing the parties, in our opinion, the issue can be resolved by issuing the following directions: ( 4 ) i. The BMC authorities to inspect constructions and to examine whether sufficient manholes have been provided on the water drain which goes to Kunjali water basin. If, on inspection, it is found that, at present the manholes which are either provided or are proposed are not sufficient, then to issue direction for such additional manholes which will obviate the problem. On such directions, the respondent Nos. 3 to 5 to provide such manholes. ii. Insofar as cleaning work of drain and manholes, the permission dated 08.06.2004 itself provides the conditions. The respondent Nos. 3 to 5 will be bound by the said conditions. In the event, there is any emergency, which requires the Municipal Corporation to take vehicles for the purpose of cleaning the drain or manholes in terms of condition (6) of the permission granted, then in that event, respondent Nos. 3 to 5 in such cases to permit the respondent - Corporation to take their vehicles for the purpose of cleaning the drain and manholes. iii. The Corporation in order to ensure that the directions, issued for the purpose are carried out to inspect the land/premises as to whether the drainage ( 5 ) is being done in terms of permission granted and other conditions are complied with and if not, to issue directions to respondent Nos. 3 to 5. A copy of the inspection memo with the directions issued be forwarded to the petitioner. Inspection to be carried out within six weeks. iv. Liberty to the parties to approach this Court, in the event there are any difficulties in implementing this order.

5. Rule made absolute. There shall be no order as to costs. [F.I. REBELLO, J.] REBELLO, J.] [F.I. [F.I. REBELLO, J.] [ANOOP V. MOHTA, J.] V. MOHTA, J.] [ANOOP [ANOOP V. MOHTA, J.]