MANGESH P WADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has essentially prayed for a direction to disband the Committee constituted by this Court as per order dated 16 March 2001 in Writ Petition Nos.2197 of 1998 and 1963 of 2000. The petitioner has also prayed for a direction to frame guidelines for working of the Committee for beautification of the Girgaum Chowpatty Beach and define the scope of work of the Committee.

(2.) In the year 2000, writ petitions in the nature of public interest litigation were filed before this Court making a grievance against the state of affairs of the Girgaum Chowpatty Beach. There were stalls selling eatables and the location of the stalls was not only haphazard but also obstructed the view of the sea from the road and did not permit optimum use of the beach for the public. The petitioner had also prayed before the Court that the steps be taken for beautification of the Chowpatty Beach. The parties assisted the Court in framing a scheme for beautification of the Chowpatty Beach and also for taking appropriate measures including relocation of the stalls for eatables in such a manner that the stalls for eatables can continue to cater to the public without obstructing the access to the sea and without obstructing the view of the sea. There were also unauthorised encroachments on the beach. From time to time, various directions were given by the Court. Ultimately, the Court not only ensured that the stalls were properly relocated but also that they were provided all the amenities like filling of land, water, etc. The Court also dealt with the situation where some fishermen had without obtaining permission from any authorities erected temporary structures on the beach where they were residing and storing their equipments. The Municipal Corporation was required to take action. Ultimately, the Court appointed a Committee comprising of the following persons:-

(3.) It is necessary to note that when the Committee was constituted, it was to have 7 members out of whom only one member was an official member i.e. Additional Municipal Commissioner (City) to act as Member Secretary. However, by now, the number of members of the Committee has gone up to 20, out of whom as many as 15 members are official members including the Collector of Mumbai City, Police Officers, Officers of the Municipal Corporation including Assistant Health Officer, Officer of the Maritime Board, officer from the State Excise Department, three senior officers of the Fisheries Department of the rank of Assistant Commissioner and Deputy Director, a representative of the Maharashtra Tourism Development Corporation being the Manager of Adventure Sports, and only 5 members are non-citizen members.