SKC 907-wpl-1332-2017.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1332 OF 2017

Baban S. Rahatwal & Ors. ...Petitioners

Versus
The Commissioner, Municipal Corporation
of Greater Mumbai & Ors. ...Respondents

WITH
WRIT PETITION (L) NO. 1158 OF 2017

Vishwanath Pandurang Dede & Ors. ...Petitioners

Versus
The Commissioner, Municipal Corporation
Of Greater Mumbai & Ors. ...Respondents

WITH
WRIT PETITION NO. 2638 OF 2016

Panchsheel Nagar (SRA) Co-Op. Hsg.

Society (proposed) ...Petitioners
Versus
State of Maharashtra & Ors. ...Respondents

----
Mr. Sanjiv Sawant a/w Ms Saloni Ghule i/b Mr. Himanshu Kode for
Petitioner in WPL No. 1332 of 2017 and WPL No. 1158 of 2017.
Mr. Vachan Bodke a/w Ms Madhu Hairaskar i/b Chitnis Vaithy & Co. for
Petitioner in WP No. 2638 of 2016.
Mr. Kranti L.C. i/b Ranjita Bhattacharya in WPL No. 3385 of 2017 (Not on
Board).
Mr. L.T. Satelkar - AGP for Respondent - State in NMWL No. 166 of 2017.
Mr. A. L. Patki – Addl. G. P. a/w Mr. Sukanta Karmakar, AGP for
Respondent-State in WPL No.1158 of 2017.
Mr. Sukanta Karmakar - AGP for Respondent State in WPL No.1332 of
2017 and WPL No.1158/2017.
Mr. Himanshu Takke - AGP for Respondent-State in PIL No.81/2017.
Mr. A.Y. Sakhare - Sr. Counsel a/w Mr.Joel Carloz & Ms.Geeta Joglekar
for Respondent - BMC in all matters.
Mr. Girish Utangale a/w Mr. Chetan Mhatre i/b Utangale & Co. for
Respondent No.5 in WP No.2638 of 2016.

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Ms Sharmila Deshmukh for Respondent No.8 in WP No.2638 of 2016

and for Respondent Nos. 6 & 7 in WPL No. 1158 of 2017.
Mr. Abhijit Purushottam Kulkarni for Respondent No. 3 in WPL No.1158 of
2017.
----
CORAM: A. S. OKA & M. S. SONAK, JJ.
DATE : 22ND DECEMBER 2017

P. C. :

1] Yesterday, these three petitions were taken up for final hearing and
were heard substantially. During the course of hearing, our attention was
invited to the order dated 18th December 2015 passed by the National
Green Tribunal, Western Zone Bench, Pune, in application no. 40 of 2014
(Charudatt Pandurang Koli vs. M/s. Sea Lord Consumer & Ors.). Our
attention was invited to the finding recorded by the National Green
Tribunal in paragraph 25 of the said judgment and order. Paragraph 25
reads thus :

“25. We are conscious of the fact that such co-relations are

scientifically and statistically very subjective and there may be
variable attributes like sample size, sample distribution, sampling
period besides individual variables like occupation, nutrition and
life style of individual subjects. Notwithstanding such delicate but
significant dependencies, it is always statistically prudent to
consider basis when large cases of similar kind, namely,
respiratory disorder have been noticed by KEM, in relation to
people from above two (2) villages and considering the human
health on priority and therefore, we do not find any reason for not
accepting the KEM report. Considering such observations and
also, the demonstrated link between the prevalent ambient air
quality at Mahul and Ambapada villages with the health impacts
in those areas, it can be observed that there is a perceptible
threat to health of the residents of village Mahul and Ambapada
due to prevailing air quality in the area”.
(Underline supplied)

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2] From what transpired in hearing yesterday and today, we gather

that as of today, paragraph 25 of the said judgment and order and the
directions contained in paragraph 57 therein have not been modified.
Therefore, yesterday we had called upon the learned Additional
Government Pleader to address the Court on this aspect. The learned
Additional Government Pleader states that meetings will be held by the
higher officers of the State to look into the issue. He states that due to
ongoing assembly session, the higher officers are not available.

3] Place the petitions on 17th January 2018 at 12.30 p.m. for further
hearing.

(M. S. SONAK, J.) (A. S. OKA, J.)

Chandka

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