Allowed

The Bombay Environmental Action Group and Anr. v. the State of Maharashtra and 19 Ors.

Bombay HC7 Mar 2017NMW/210/2017

Case brief

AI extract

What is this about?

The High Court granted permission to the BMC as an applicant to construct a vehicular bridge at Yari Road and Lokhandwala Back Road, Andheri (West), deeming it a public utility project that reduces travel time and serves as a feeder to Metro stations.

What did the court decide?

Permission granted to the Corporation to construct the vehicular bridge at the junction of Yari Road and Lokhandwala Back Road.

The Bombay Environmental Action Group… — Constitutional and Fundamental Rights | Bombay HC (2017)

(NMWL 662 of 2016)

vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION (L) No. 662 OF 2016 IN

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PUBLIC INTEREST LITIGATION No. 87 OF 2006

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Municipal Corporation of Greater Mumbai ….Applicants/ Original Respondents

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In the matter between Bombay Environment Action Group and Another ….Petitioners

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Vs.

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The Municipal Corporation for Greater Mumbai and Ors. ….Respondents

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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

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Mr. Rui Rodrigues a/w. N.R. Prajapati for Respondent -UOI ***********

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CORAM : V.M. KANADE & P.R. BORA, JJ

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DATE : MARCH 7, 2017

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(NMWL 662 of 2016)

P.C. :

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

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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.

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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.

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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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(NMWL 662 of 2016)

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).

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[ P.R. BORA, J.] [ V.M. KANADE, J.]

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Vaishali Tikam

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The Bombay Environmental Action Group and Anr. v. the State of Maharashtra and 19 Ors.

Case brief

What is this about?

What did the court decide?

The Bombay Environmental Action Group and Anr. v. the State of Maharashtra and 19 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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