The Military Road Residents ... vs The Municipal Corporation Of Gr. ...
2003 Latest Caselaw 194 Bom

JUDGMENT

C.K. Thakker, C.J.

1. Rule. Mrs. P.A. Purandare, learned counsel, appears and waives service of notice of rule on behalf of respondent No. 1. Mr. V.S. Kapse, learned counsel, appears and waives service of notice of rule on behalf of respondent Nos. 3, 12 to 16. In the facts and circumstances, the matter is taken up for final hearing.

2. This petition is filed by the petitioner as Public Interest Litigation (PIL) directing Municipal Corporation of Greater Bombay, respondent No. 1, to widen Military Road, Marol, Andheri (East), Bombay, by taking over open set back land and by removing encroachments on the said road, to asphalt, re-surface and make usable the road by providing street lights, to construct the proposed and sanctioned storm water drain after duly aligning the road as per regular road lines, to remove perennial bottlenecks on Marol Maroshi Road, and to carry out and make available proposed and sanctioned development plan roads.

3. The petitioner is an association registered under the Societies Registration Act. The members of the petitioner consist of 32 co-operative housing societies/buildings situated around Military Road, Marol, Andheri (East), Bombay. The underlying object of the activities of the petitioner is to improve living conditions, constant up-keeping and beautification of available infrastructure and amenities in and around Military Road, Andheri. It is alleged by the petitioner that over the years and particularly after 1990, the Military Road, Andheri, which is an offshoot of the Marol Maroshi Road, saw a spurt in new buildings being erected. Several illegal constructions have been made which created difficulties and impossible living conditions for the residents of the area. The road is currently a single access dead end road. The condition of the road is deplorable. There is flooding in monsoon. Several developers have left open set back land abutting the existing road which has worsened the situation. The petitioner and other representatives of the area have made several complaints/representations to the Corporation for removal of encroachment, widening of road, construction of another storm water drain on the side of the road, etc. but no heed was paid by the authorities. The petitioner, therefore, has approached this Court by filing public interest litigation for appropriate reliefs prayed in the petition.

4. Notice was issued, pursuant to which the Corporation appeared. An affidavit is filed on behalf of the Corporation on July 10, 2001, wherein it was stated that the Assistant Commissioner, K/East Ward, had cleared the set back portion of the Military Road, Marol, Andheri (East) from Kunti Park to M/s. Stel Mec Engineers by initiating necessary action under Section 299 of the Bombay Municipal Corporation Act, 1888. Accordingly, notices were served upon Shri Richard Carvatha, M/s. Richard Garage, M/s. Borosil Glass Works and Atul Builders. It was further stated that M/s. Tele Service was awarded contract for construction of storm water drawn along south side of Military Road. The work order had already been issued to the said contractors and preliminary work of leveling of land had already been started. The work was to be completed on or before 31st December, 2001. The construction of storm water drain from M/s. Steel Mec Engineers to Marol Maroshi Junction Road was to be undertaken on or before January, 2002 and was to be completed on or before June 30, 2002. The length of storm water drain would be about 200 metres and the estimated cost of construction was Rs.12 lakhs approximately.

5. A further affidavit was filed on 5th September, 2001, pointing out the actions taken by the respondents in respect of set back portion as well as storm water drain to be constructed and details have been mentioned. In paragraph 4, it was stated that the set back portions of the properties mentioned therein, which were covered of 250 meter length, where storm water drain was to be provided in the first stage had already been cleared. It was further stated that some of the set back portions in front of the properties where the storm water drain was to be provided in the second stage which was to be completed before June 30, 2001, were also cleared. Names of such properties were mentioned. It was also stated that the remaining shops at the Junction of Marol Maroshi Road and Military Road would be demolished and set back portion would be cleared after verifying and giving alternative accommodation to those occupiers. Efforts were thus made by the respondents of clearing the set back portion and providing storm water drain as well as for widening of the road for the full width.

6. Still, further affidavit was filed on September 12, 2001, and in paragraph 3, actions taken have been enumerated. It was stated that the contention of the petitioner that no steps were taken by the respondents for removing the bottlenecks and for widening of D.P. road were not correct.

7. Again, an affidavit was filed on January 22, 2002. In paragraphs 3, 4 and 5, it was stated that respondents had made all possible efforts to clear the set back portion for construction of storm water drain and widening of the road.

8. On August 6, 2002, by an affidavit, progress report of the work undertaken by the respondents with regard to construction of Military Road and storm water drain on south side of Military Road and removal of bottleneck existing at the junction of Military Road and Marol Maroshi Road had been produced.

9. By August 13, 2002 affidavit, it was asserted by the respondents that "the major portion of the road is developed to its full width on site". It was also stated that a part of the road is asphalt and is in good condition. The deponent also stated that acquisition proceedings had been initiated to take over possession of land falling under 13.40 mtr. wide D.P. Road. It was stated that re- alignment of the D.P. Road had been challenged by the owner of lay out plot bearing CTS No. 31/11 of village Tungave by filing L.C. Suit No. 5190 of 1999 in the City Civil Court, Bombay.

10. Finally, an affidavit is filed on September 11, 2002, stating therein that respondents had taken maximum efforts to complete the work of providing storm water drain and road in Phase-I, which is upto the length of 250 mtrs. It was stated that the work of Phase-I i.e. constructing storm water drain and road was started in the first week of October, 2001 and was completed by December , 2001, as per assurance given to this Court. It was also stated that Phase II of storm water drain and road had to be completed as per the earlier affidavit by 30th June, 2002, but it could not be completed due to 19 structures creating bottlenecks. It was stated that suitable alternative site is proposed in municipal market and 19 shops would be accommodated as soon as the remaining work would be completed. Regarding street lights, it was stated that as soon as the road would be constructed, the street lights would be provided to full stretch i.e. Phase-I and Phase-II together admeasuring 500 mtrs. It was, therefore, submitted that six months period be granted.

11. In the facts and circumstances, in our opinion, the first respondent has taken adequate steps for removing unauthorised obstruction and clearing heavy traffic problems. It has also taken sufficient steps for widening of Road and providing street lights. It would, therefore, be appropriate, if we dispose of the petition by directing the respondent-Corporation to complete the process expeditiously.

12. For the foregoing reasons, the petition deserves to be disposed of and is accordingly disposed of. Rule is discharged. In the facts and circumstances, however, with no order as to costs.

Certified copy expedited.