1. Heard Mr.Y.B.Mandpe, learned Counsel for the appellant/applicant and Ms M.H.Deshmukh, learned Additional Public Prosecutor for respondent/State.

2. Perused compilation of evidence and the Judgment of learned trial Judge by which applicant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months. Admittedly, case of ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 05:26:38 ::: 167appa321.18.odt 2/5 prosecution is based on circumstantial evidence. Learned Counsel for the applicant contended that there is absolutely no evidence which can establish applicant's involvement in the present crime and has thus submitted that the applicant can be released on bail pending appeal.

lgc 1 of 9 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:24:15 ::: wp-2453.19.odt 2 At the outset it is required to be noted that since the crime

registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Petitioner No.2 - XYZ. The Registry is directed to maintain the record accordingly.

lgc 1 of 9 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:24:12 ::: wp-2452.19.odt 2 At the outset it is required to be noted that since the crime

registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Petitioner No.2 - XYZ. The Registry is directed to maintain the record accordingly.

1. Heard learned Counsel for the parties for final disposal of the petition. The petitioner has challenged a notice dated 13.2.2019 and the consequential actions taken by the respondents pursuant to such notice. The brief facts are as under:

The petitioner is an individual, a widowed lady. She has been allotted a Permanent Account Number ('PAN' for short) by the Income Tax Department. However, according to her, being a Page 1 of 15 ::: Uploaded on - 17/07/2019 ::: Downloaded on - 18/07/2019 01:11:48 ::: wp.513.2019_J.doc housewife, she had never filed return of income since she did not have any taxable income. After the death of her husband, she resides mostly with her sisters at Jabalpur.

2. Criminal Appeal No.164/2004 is filed by original accused no.1 - Ismail Shah, whereas Criminal Appeal No. 109/2004 is filed by original accused no.2 - Raju Annewar.

3. In this judgment, the appellants will be referred to by their original position.

4. Accused no.1 Ismail Shah was convicted for the offence punishable under Section 376 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years and to pay a ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 04:57:46 ::: 3 APEAL109.04+1.odt fine of Rs.1,000/- and in default to suffer further rigorous imprisonment for six months. Accused no.2 Raju Annewar was convicted for the offence punishable under Section 109 read with Section 376 of the Indian Penal Code and he was also sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- and in default to suffer rigorous imprisonment for six months.

2. Criminal Appeal No.164/2004 is filed by original accused no.1 - Ismail Shah, whereas Criminal Appeal No. 109/2004 is filed by original accused no.2 - Raju Annewar.

3. In this judgment, the appellants will be referred to by their original position.

4. Accused no.1 Ismail Shah was convicted for the offence punishable under Section 376 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years and to pay a ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 04:57:40 ::: 3 APEAL109.04+1.odt fine of Rs.1,000/- and in default to suffer further rigorous imprisonment for six months. Accused no.2 Raju Annewar was convicted for the offence punishable under Section 109 read with Section 376 of the Indian Penal Code and he was also sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- and in default to suffer rigorous imprisonment for six months.

avk 1/33 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:23:40 ::: APPEAL-489-1997-J.doc 2 Facts, in brief, leading to the prosecution of the

respondent/acquitted accused, can be summarized thus :

(a) The respondent/acquitted accused married Sushma (since deceased) on 28th May 1996. The couple started residing at the house of respondent/acquitted accused Rajaram Kenjale at Village Kathapur in Koregaon Taluka of District Satara. The incident of alleged murder of Sushma Rajaram Kenjale took place on 16th June 1996 at Gat No.863 belonging to Nagnath Kenjale of Kathapur.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:52 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:52 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:52 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:52 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:41 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:41 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:41 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:41 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:32 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:32 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:32 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:32 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:22 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:22 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:22 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:22 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:00 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:00 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:00 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:00 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

PRONOUNCED ON : JULY 16, 2019.

JUDGMENT [ PER PRADEEP NANDRAJOG, CJ. ] :

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 ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:12 ::: jdk/pdp 14 wpl.560.19.gr.j.doc 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 over 150 years to join the original seven islands of Mumbai. These seven islands were lush green thickly wooded, and dotted with 22 hills, with the Arabian Sea washing through them at high tide. The first island of Mumbai was only 24 km long and 4 km wide from Dongri to Malabar Hill (at its broadest point), and the other six were Colaba, Old Woman's Island, Mahim, Parel, Worli, Mazgaon. After the British arrived, the demand for land steadily increased, and by 1730; it was becoming impossible to accommodate the entire population of Mumbai inside the Fort. The sea was making inroads at Worli, Mahim and Mahalaxmi, which turned the ground between the islands into a swamp, making travel between Mumbai islands hazardous. The first major reclamation took place in 1708, to construct the causeway between Mahim and Sion. The ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:12 ::: jdk/pdp 15 wpl.560.19.gr.j.doc second major reclamation took place in 1772, to stop the ingress of water and the consequent flooding of central Mumbai, and to connect Mahalaxmi and Worli. This causeway was named Hornby Vellard, sealing the Great Breach (Breach Candy) between Dongri, Malabar hill and Worli. At the fortified Dongri hill, an esplanade and parade ground was cleared, from the walls of the Fort to the present-day Crawford market. The flatlands from Mahalaxmi to Kamathipura were reclaimed only after the completion of construction of Breach Candy by Hornby in 1784. In 1803, Mumbai was connected to Salsette by a causeway from Sion. The Thane and Colaba causeway was built during the tenure of Sir Robert Grant, the Governor of Mumbai. He was also responsible for the construction of several roads between Mumbai and the hinterland. The Colaba Causeway was completed in 1838 joining Colaba, Old Woman's island and the H-shaped island of Mumbai together. Land prices shot up, and Colaba became the centre of commerce. The Causeway was widened and strengthened from 1861 to 1863 (Cusrow Baug is built on the causeway). The horse-drawn tramcars revolutionised transport in Colaba. The Prongs Lighthouse was constructed off the island in 1875, and in the same year, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:12 ::: jdk/pdp 16 wpl.560.19.gr.j.doc Sassoon Docks were built by David Sassoon on reclaimed land. The BB & CI (Bombay and Central India) Railways established a terminus at Colaba. Around 90,000 sq. yard of land was reclaimed on the Western shore of Colaba by the City Improvement Trust; the work was completed in 1905. A seaside promenade (Cuffe Parade) was completed the next year. The next reclamation took place in the year 1836 when the development of the Mumbai port had already begun. Major quarrying had already begun in 1870. The hills of Chinchpokli and Byculla were quarried and dumped into the sea, to fill the land near the railway line, the swamps and also the port to prevent the accumulation of stagnant water. The first railway line was laid in 1855 from Bori Bunder to Thane. By 1862 the town became widespread, and the constructions that took place began to give rise to the modern city of Mumbai. This became a regular feature in the succeeding years. The Fort walls were demolished, and the tanks up to Parel were filled. From 1870 to 1970, industrial and commercial development prospered, which increased the spate of reclamation that ended with the famous Backbay reclamation. The first Backbay Reclamation Company (BRC) was formed in the 1960s with the express purpose to reclaim the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 03:22:12 ::: jdk/pdp 17 wpl.560.19.gr.j.doc whole of Backbay. With the end of the American Civil War in 1865, land prices fell. The government took over the narrow strip of land created by the BRC and gave it to the BB & CI Railways (Bombay Baroda and Central India) to construct a new line between Churchgate and Colaba. A proposal was made in 1917 to reclaim 607 hectares of land between Colaba and Backbay. The project was taken over by the Development Directorate who planned to reclaim 463 hectares and relocated the Colaba terminus, which was moved to Bombay Central. The work continued till 1945. Eventually, 177 hectares was developed by 1929 of which 94 hectares was sold to the military, and 6 hectares was incorporated into the Marine Drive and its sea wall. The Independence did not end the reclamation work, but a third Backbay Reclamation was put into effect and yielded the acreage on which stand the high rise buildings of Nariman Point and Cuffe Parade. East of the Naval Dockyards some land was reclaimed, and work was done to the North too. Coastal Regulation Zone (CRZ) was promulgated in 1990, banning reclamation for commercial activities.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:44 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:56 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:39 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:41 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:36 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:47 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.

WITH WRIT PETITION NO. 6693 OF 2012 Ajit Kumar Dada Kole & Ors. ....Petitioner V/S State Of Maharashtra Through The Ministry Of ....Respondent Urban Development Dept. & Ors.

WITH WRIT PETITION NO. 6097 OF 2013 Sadashiv Baburav Allias Babaso Arekar And Ors ....Petitioner V/S Ichalkaranji Municipal Council, Through Chief ....Respondent Officer And Anr WITH WRIT PETITION NO. 3019 OF 2014 Page 2/7 ::: Uploaded on - 18/07/2019 ::: Downloaded on - 19/07/2019 04:55:33 ::: Shri. Manohar Kashinath Bhandare ....Petitioner V/S Ichalkaranji Municipal Council Through Its ....Respondent Chief Office, Ichalkaranji And Ors.