Municipal Corporation Of Greater Mumbai v. Shri Pandurang Patil And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 57 OF 2017 IN PUBLIC INTEREST LITIGATION NO. 217 OF 2009 Municipal Corporation of Gr. Mumbai ... Petitioner

Versus

Shri Pandurang Patil, and Anr.

... Respondents WITH CIVIL APPLICATION NO. 155 OF 2017 WITH CIVIL APPLICATION NO. 221 OF 2013 IN PUBLIC INTEREST LITIGATION NO. 217 OF 2009 Rajkumar Sharma ... Applicant In the matter between Shri Pandurang Patil and Anr.

... Petitioners

Versus

Municipal Corporation of Gr. Mumbai ... Respondents None for the Petitioner.

Mr. Paritosh Jaiswal with Mr. Nikunj Mehta and Mr. Vighnesh Kamat i/b Ashok Purohit and Co. for Applicant in CAO No. 155 of 2017.

Mr. A.Y. Sakhare, Senior Advocate, with Mr. Vinod Mahadik, for Applicant in CAI No. 57 of 2017 and CAI No. 57 of 2017. Mr. Manish M. Pabale, AGP for the State.

Ms. Rekha Panchal, for the Respondent No.3 in CAI No. 58 of 2017.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

3RD MAY, 2018.

PC:- 1.

Perused the order dated 13th April, 2018. In terms of the 1/3

directions issued by this Court under the order dated 13th April, 2018, the Chief Secretary of the State has submitted names of the three retired Civil Servants along with their profiles. In paragraph 3 of the order dated 13th April, 2018, we had observed that considering the enormity of tasks entrusted to the Monitoring Committee, a retired IAS officer who is an expert in the filed of Municipal Administration as well as environment will have to be appointed as the Chairperson of the said Committee. We have perused profiles of the three retired officers whose names have been suggested by the Chief Secretary. It is true that they do not have an experience in the field of environment.

However, looking to the profile of the said three officers, we are of the view that Shri Gautam Chatterjee, a retired Civil Servant can be conveniently appointed as the Chairperson of the Monitoring Committee. It is true that he may not have direct experience in the matters of environment. However, he has worked as the Chief Executive Officer of the SRA in Mumbai, Additional Municipal Commissioner of the Mumbai Municipal Corporation, Vice President and CEO of MHADA in Mumbai, the Principal Secretary of the Housing Department, the Director General of Shipping and Additional Chief Secretary of Transport and Ports.

Secretary, we direct that Shri Gautam Chatterjee shall be appointed as the Chairperson of the Monitoring Committee. The learned AGP has confirmed that Shri Gautam Chatterjee will be in position to act as the Chairperson of the Monitoring Committee of which a senior retired IPS officer is a member. Accordingly, we direct that the necessary Notification shall be issued for appointing Shri Gautam Chatterjee as the Chairperson of the Monitoring Committee, who is expected to take the charge immediately after the Notification is issued.

2.

The profiles submitted by the Chief Secretary shall be kept on record in a sealed envelop.

3.

For considering the issues of allotment of land and other aspects, Public Interest Litigation be listed on 22nd June, 2018 under the caption for 'directions'.

4.

In terms of the above directions, Civil Application No. 57 of 2017 stands disposed of.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 3/3