Bombay HC emphasized the importance of public interest while declining comprehensive relief to the petitioners opposing proposed Mithi River improvement project.
Bombay High Court/ File Photo
Reflecting on the catastrophic Mumbai deluge of July 2005, the Bombay High Court described the city as immersed in water, emphasising the severe damage caused mostly by illegal structures along the banks of the Mithi River. In response to petitions filed by the Ashiyana Welfare Society and Sameer Ahmed Choudhary opposing the proposed Mithi River improvement project, the bench of Justices Gautam Patel and Kamal Khata, highlighted the need for public interest in declining comprehensive relief to the petitioners, reported PTI.
According to the report, the petitions attempted to block the demolition of socially significant structures, but the court emphasised the lingering memory of the 2005 deluge and its terrible impact on Mumbai, particularly along the Mithi river mouth.
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Recognising the need for infrastructure projects, the court acknowledged the possibility of displacement and the resulting rehabilitation difficulties, which has motivated government programmes to address such issues.
The HC said, "Public memory may be short, but it cannot be that short that the city entirely forgets the time just a few years ago in July 2005, when it was almost entirely under water and one of the portions most severely affected was the Mithi river, especially at its mouth. There was extensive damage and much of this was to the illicit construction along the banks of the Mithi river."
"In recognition of this as a social, human, societal and urban planning issue, the government at various levels has formulated policies that allow for the execution of these public works but simultaneously also make provision for compensation and rehabilitation," the HC added, per PTI report.
Senior counsel Anil Sakhare, representing the Brihanmumbai Municipal Corporation (BMC), briefed the court on the status of surveying impacted structures and preparations for compensation and restoration, the PTI report stated.
According to the report, the court ordered the BMC to disclose detailed information about the rehabilitation policies and the status of impacted individuals, stating an intention to oversee the relocation and rehabilitation process.
"Once this is done, and once we have the names of those who are so far found eligible, then the court can monitor the process of relocation and rehabilitation of those affected by this project," the bench said.
The court scheduled more hearings for March 13 and reiterated the continuation of earlier rulings barring coercive activities until then.
The Mithi River Project comprises widening, deepening, and building infrastructure along the riverbanks, as well as ancillary works including sewer lines and stormwater drains, the PTI report added.
According to the report, in response to the petitioner's argument about the width of service roads, the court emphasised that such issues are outside the purview of encroachers and must be consistent with the public interest.
The Mithi River, which stretches 17.8 kilometres, is a vital waterway in Mumbai, but encroachments, reclamation, and environmental degradation have harmed its ecological balance and contributed to previous disasters, emphasising the importance of responsible infrastructure development and environmental stewardship.
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