The Court mandates joint responsibility for critical infrastructure repairs, emphasizing safety and accountability under governmental guidelines.

1. The above Writ Petition is filed by the Petitioner - Mohammed Zuber Mohammed Yusuf Shah alias Mohd. Zuber Shah, against Respondent No. 1 - The Minister of Urban Development, State Government, Maharashtra, Respondent No. 2 - The Municipal Commissioner, Municipal Corporation of Greater Mumbai, Respondent No. 3 - The local MLA and Respondent No. 4 - Mumbai Slum Improvement Board, Mumbai (a MHADA Unit).

2. It is the Petitioner' s case that he is residing in Room No. 24, Raisabai Chawl, C.T.S. No. 276 Hill, Qureshi Nagar, Kurla (East), Mumbai - 400 070. According to him, a retaining wall has been constructed on the '...hill at west side of Qureshi Nagar touching and supporting Raisabi Chawl, Peersab Chawl and others'. The said retaining wall is in a damaged condition and if the same caves in or collapses, there is a possibility of loss of lives of not only the residents but also those who are around the said place at the time of such mishap. The Petitioner has therefore sought directions against the Respondents to forthwith carry out repairs and restore or reconstruct the damaged / broken retaining wall. The Petitioner has in the alternative, also sought permission to get the said wall repaired at his expense.

3. This Court has noted from one of the Affidavits in Reply, that the Mumbai Slum Improvement Board ('Slum Board') by its Letter dated 11th November, 2019, addressed to the Assistant Commissioner, L Ward, MCGM, has recorded that pursuant to the Complaint received from the Petitioner dated 10 October, 2019, the Slum Board has inspected the site and has come to the conclusion that a retaining wall acceding 09 meters is required to be constructed at site. It is further recorded that as per the government decision / Resolution dated 4 March, 2015 ('the said GR'), in case where a retaining wall acceding 09 meters is required to be constructed, such work has to be carried out either by the MCGM or the Public Works Department (' PWD'). The Slum Board has in the said Letter also recorded that the said Letter has been addressed to the Assistant Commissioner of MCGM for his information and for further action. Copies of the Complaint received from the Petitioner, as well as the Government Resolution dated 4 March, 2015 were also forwarded to the Assistant Commissioner of MCGM, L Ward. It appears that MCGM did not bother to forward its response to the Slum Board, nor even respond to the Complaint of the Petitioner, thereby compelling the Petitioner to file the above Writ Petition before this Court seeking reliefs as stated hereinabove.

4. This Court by its Order dated 13 August, 2020 passed in the above Writ Petition, directed MCGM and MHADA as well as the Slum Board to visit the premises at 04.00 p.m. on the same day and submit their report to this Court.

5. After carrying the site inspection on 13 August, 2020, the Learned Advocate appearing for MHADA informed the Court in writing as follows :
i. On site inspection, it was observed that there exists an R.C.C. wall which is completely covered by garbage, though the iron rods are visible, and thereby it can be concluded that there is an exiting RCC wall.
ii. Since the said wall is completely covered by garbage, it cannot be verified as to what extent the same is damaged.
iii. As per the Site Inspection Report, there is a requirement for construction of a protection wall of more than 09 meters height.
iv As per the GR dated 4 March, 2015, any retaining / protection wall above the height of 09 meters is to be constructed by the PWD Department or by MCGM.
v. The Slum Boar