The Bombay Environmental Action Group And ANR v. The State Of Maharashtra And 19 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) No. 662 OF 2016 IN PUBLIC INTEREST LITIGATION No. 87 OF 2006 Municipal Corporation of Greater Mumbai ....Applicants/ Original Respondents In the matter between Bombay Environment Action Group and Another ....Petitioners Vs.

The Municipal Corporation for Greater Mumbai and Ors.

....Respondents *********** Ms. Shreya Parikh i/b. Jayakar & Co. for the Petitioner Mr. S.S. Pakale a/w. Trupti Puranik for Applicant Ms. Sharmila Deshmukh a/w. Rupali Dixit for Respondent MCZMA Mr. Abhay Patki, Additional Government Pleader for Respondent -State Mr. Rui Rodrigues a/w. N.R. Prajapati for Respondent -UOI *********** CORAM : V.M. KANADE & P.R. BORA, JJ DATE : MARCH 7, 2017 1/3

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1.

Heard Shri Pakale, learned counsel appearing on behalf of the BMC- Applicant herein.

2.

The Applicant is seeking permission of this Court to construct vehicular bridge at the junction of Yari Road and Lokhandwala Back Road, Near Amarnath Tower Building, Andheri (West) having a single span steel arch of length 110 mt. with approach road on either side. 3.

There is no manner of doubt that this is a public utility projection. We, therefore, grant permission to the Corporation to do the said work/ project. The Corporation has already obtained all the relevant permission from all the authorities. All these permissions are annexed at Exhibits I, II, II and IV respectively.

4.

This link will become an additional facility for movement of traffic between the two landmarks i.e. Versova and Lokhandwala. As a result of which, the traveling time would be reduced substantially from about 35 minutes to 5 minutes. The said bridge will also serve as a feeder route to nearest Metro Station i.e. Versova Metro Station & D.N. Nagar Metro Station.

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We are satisfied that it is a public utility project. We, therefore, grant permission to the Corporation to construct vehicular bridge at the junction of Yari Road and Lokhandwala Back Road, Near Amarnath Tower Building, Andheri (West) having a single span steel arch of length 110 mt. Notice of motion is allowed and disposed of in terms of prayer clause (a).

[ P.R. BORA, J.] [ V.M. KANADE, J.] Vaishali Tikam 3/3