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2019 Supreme(Bom) 919

PRADEEP NANDRAJOG, N.M.JAMDAR
Worli Koliwada Nakhwa Matsya Vyavasay Sahkari Society Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
Gayatri Singh, Adv., Meenaz Kakalia, Adv., Janak Dwarkadas, Adv., Rishika Harish, Adv., Ankit Kulkarni & Meenaz Kakalia, Adv., Zaman Ali, Adv., Kruthi Venkatesh, Adv., Navroz Seervai, Adv., Pheroze Mehta, Adv., Rhishikesh Bidkar, Adv., Suchita Uppal, Adv., Hariani & Co, Adv., Shubham Kaushal, Adv., Aditi Saxena, Adv., Kranti L.C., Adv., Adv., Anil Singh, Adv., Aditya Thakker, Adv., Y.R. Mishra, Adv., Apurva Gupte, Adv., Carina Xavier, Adv., Pravartak S Pathak, Adv., Milind Sathe, Adv., Geeta Shastri, Adv., D.J. Khambata, Adv., S.G. Aney, Adv., A.Y. Sakhare, Adv., Aruna K Savla, Adv., H.C. Pimple, Adv., K.H. Mastakar, Adv., Advait M Sethna, Adv., Rohan Mirpurey, Adv., Bhushan Deshmukh, Adv., Shweta Sangtani, Adv., Ruju R Thakker, Adv., Aaditya Mehta, Adv., Tushar Hathiramani, Adv., Sharmila Deshmukh, Adv., Jaya Bagwe, Adv., Pravin Samdani, Adv., Birendra Saraf, Adv., Jyoti Sinha, Adv., Haabil Vahanvaty, Adv., Khaitan & Co, Adv., Kaustav Talukdar, Adv., Vikias Kumar, Adv., Ruturaj Bankar, Adv., Lex Legal & Partners, Adv. Final Result : Allowed

JUDGMENT :

Pradeep Nandrajog, J.

1. The Metropolitan City of Mumbai lies on the Western Coast of India by the bank of the Arabian Sea. Mumbai is made from the group of seven islands and is thus referred to as the Island city. These islands are Isle of Bombay, Mazgaon, Colaba, Old Woman's Island, Parel, Worli, and Salsette Island. The Eastern Coast of Salsette Island has rows of mangroves, whereas the Western Coast happens to be sandy and stony. Due to proximity to the sea, the soil cover of this region is sandy to a large extent. The underlying rocks of this area are made up of Black Deccan Basalt pours. The island city of Mumbai is divided into two distinct regions; the city and the suburbs. The suburbs have alluvial soil type. The major creeks found in Mumbai coast are Manori, Malad and Mahim which protrudes in the mainland and give rise to mudflats and swamps. The area is drained by Mahim, Mithi, Dahisar and Polsar rivers. These small rivers near the coast, form small rivulets which intermingle with each other resulting in swamps and mudflats in the low lying areas. It took ov

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