The AG was making his submissions during a hearing of a petition filed by environment activist Zoru Bhathena, which opposed the construction of the Metro car shed at Aarey as it is the floodplain of the Mithi river.
Stating that the issue regarding the floodplain of the Mithi river is before the apex court, the Mumbai Metro Rail Corporation Ltd (MMRCL) told the Bombay High Court on Monday that the petitioners should approach the apex court.
"The matter is before the Supreme Court in a Special Leave Petition filed against a judgment of Justice SC Dharmadhikari," said Advocate General Ashutosh Kumbhakoni, representing MMRCL. "The expert committee report that they (the petitioners) are relying upon is also filed in the SC. It is awaiting approval and directions from the court," he added.
The AG was making his submissions during a hearing of a petition filed by environment activist Zoru Bhathena, which opposed the construction of the Metro car shed at Aarey as it is the floodplain of the Mithi river.
Arguing for the petitioner, Advocate Sonal told the court that the state's water policy was notified only on Sept 5. The Maharashtra State Water Policy, 2019 prohibits economic activity or construction on the floodplain of a river. The PIL was filed after this policy was notified.
The division bench of the Chief Justice and Justice Bharati Dangre also heard a plea challenging the removal of 2,646 trees at Aarey for the Metro car shed.
Appearing for the petitioner, senior advocate Janak Dwarkadas said the Tree Authority meeting and resolution did not address relevant questions as the Model Code of Conduct was coming into force. "If your objective is to preserve and protect, how does Model Code of Conduct get relevant?," he further asked.
‘Messy’ Petition
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HC had earlier expressed its disgruntlement at the shoddy manner in which one of the petitions was drafted
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| Terming it a ‘mess’, the court told the petitioner NGO to draft a ‘meaningful’ and ‘clear’ petition |
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