Introduction:

In a significant ruling, the Bombay High Court has ordered the immediate repair or reconstruction of internal roads in the Aarey Milk Colony, Mumbai. The division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor, emphasized the public interest in having proper internal roads while considering the preservation of wildlife and ecology. The court’s directions were prompted by a writ petition filed by resident Binod Agarwal, urging the maintenance of pothole-ridden roads, and an intervention application by NGO Vanashakti, focusing on environmental concerns during repair activities.

Arguments:

Binod Agarwal’s plea underscored the urgent need for road repairs, while NGO Vanashakti sought to safeguard the environment during the process. The court considered a report from a court-appointed committee, which recommended the immediate reconstruction of a 1.5-kilometer stretch and repairs to various sections of internal roads. The petitioner and the intervenor raised concerns about the potential adverse impacts on the environment.

Court’s Judgement:

The court directed the closure of an 8.22-kilometer stretch within 10 days, where alternative routes were available, and entrusted the repair, reconstruction, and maintenance of the remaining internal roads to the Department of Agriculture, Government of Maharashtra. Simultaneously, the BMC was instructed to submit an affidavit regarding the status of repairs for the 7-kilometer stretch under its jurisdiction. The court acknowledged the government’s sanction of Rs. 48.41 crores for road repairs, emphasizing the need to adhere to necessary permissions and approvals under environmental regulations.