Ensure upgrading Aarey Colony roads in minimum possible time: HC to state, BMC
The state and BMC assured HC that all mitigation measures to ensure protection and movement of wildlife in the Aarey Colony will be taken while upgrading the existing roads.
4 min read
On March 6, High Court had directed the state's dairy development department to immediately undertake strengthening of roads. (Express photo by Amit Chakravarty)After the state government told Bombay High Court that it will make every effort to repair 45 km of internal roads in the Aarey Milk Colony area within two years, the court on Tuesday asked the government to ensure the work was completed within the “minimum possible period”.
The Maharashtra Dairy Development and Animal Husbandry department also assured the court that all repair and reconstruction of the 45 km stretch, including the 1.5 km from Aarey Market to Mayur Nagar which falls within a residential area, will be prioritised.
Advocate Joel Carlos on instruction from BMC assured the bench that in all likelihood, work on a 7 km stretch under it will be completed by January 25, 2025.
On the court’s request, senior advocate Ashutosh Kumbhakoni appearing for Election Commission of India (ECI) submitted its letter giving a no-objection note to a proposal by the state for repair of the roads, with a condition that “there shall be no mention anyhow by anyone to gain any political mileage” of the same.
“Please ensure there is no udghatan (inauguration) ceremony and abide by this (ECI letter), and get repairs/reconstruction done at the earliest and avoid all kinds of pressure. It is in the interest of departmental officials,” a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor orally told the government lawyer.
The state government and BMC also assured the court that all measures to ensure protection and movement of wildlife will be taken while upgrading the existing roads. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor disposed of a PIL raising concerns over the poor condition of Aarey colony roads and an intervention plea by NGO Vanashakti that sought to prevent any adverse impact to the natural environment during repair work.
Advocate Zaman Ali appearing for Vanashakti submitted that to maintain and protect ecology in the eco-sensitive zone of the Sanjay Gandhi National Park (SGNP), measures were also required to be taken to ensure free movement of animals and other species.
On March 6, High Court had directed the state’s dairy development department to immediately undertake strengthening of roads and obtain required clearances at the earliest. It had also asked the department to issue tender notices before April 22.
On Tuesday, additional government pleader Milind More told the bench that in compliance of the March 6 order, requisite permission for upgradation of 45 km of roads has been taken by appropriate authority, and executive engineer of Public Works Department (PWD) has written to the SGNP monitoring committee for the eco-sensitive zone.
However, he added that the work is subject to ECI approval as required under code of conduct imposed on account of the ongoing LS elections. The High Court said there was no reason why work could not go on due to elections, and also asked to ensure that safeguards were put in place for the ensuing monsoons.
Kumbhakoni informed the High Court that the poll body has given its no-objection subject to conditions. Disposing the plea, the bench noted, “The repair/maintenance of roads shall be completed within the minimum possible period by following all relevant procedures. We repose our complete faith and trust in officials of state and BMC that they shall abide by assurances given from time to time to the court in letter and spirit.”
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