Bombay HC tells state to repair, reconstruct 37 kms of Aarey Milk Colony’s internal roads on priority

The HC said the approving authorities will be guided by “overwhelming public interest” of proper internal roads along with “measures to preserve wildlife and ecology”.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor passed an order in a plea by Binod Agarwal, a former Indian Navy staffer and a resident of Royal Palms in Aarey Colony, for the upkeep of pothole-ridden roads, along with NGO Vanashakti’s intervention plea that sought no adverse impact to the natural environment.

The bench referred to a report of a court-appointed committee of higher level officers of the state government, an expert from National Environmental Engineering Research Institute (NEERI) and the chief executive officer of Aarey Milk Colony.

The panel had recommended that since the internal roads’ condition were not good, they required repairs and a stretch of 1.5-km, from Aarey Market to Mayur Nagar, required urgent reconstruction.

It added that the total length of internal roads in the ESZ was 52 kms, of which a seven-km portion was handed over to the BMC in 2014. The HC asked the civic body to file an affidavit in reply about the current situation of the said stretch of road’s repairs.

The panel had said that of the remaining 45 kms of roads, 11.98 kms fell under reserved forest area and 19.17 kms needed immediate repairs on priority and that 17.72 kms might require less treatment for repairs.

As per the panel’s recommendation, the HC directed that an 8.22-km stretch will be closed permanently within ten days as alternate routes were made available.

The bench further said that as per a December 5, 2016 notification of Union Ministry of Environment and Forest, the repair, reconstruction or maintenance of 45 kms of internal roads will require clearance from monitoring committee for ESZs as said work was considered “regulated activity”.

Appearing for the state, Additional Government Pleader Milind More also referred to a June 28, 2023 Government Resolution (GR) issued by the Maharashtra Department of Agriculture and Dairy Development, through which Rs 48.41 crore was sanctioned to repair or strengthen internal roads in Aarey Milk Colony. He said the amount was sufficient for bitumen/asphalt work, but in case of concretising roads, more funds will be required.

In light of this, the bench ordered that the internal roads be immediately repaired or reconstructed and asked the state Dairy Development Department to send a proposal within a week for approval from concerned authorities and a monitoring panel.

It directed the approving authorities to process the state’s proposal within a fortnight from its receipt and if they found certain changes were required, immediate suggestions will be given to the state within three days.

The HC further asked the state government to send a revised proposal within a week and the authorities will then decide on the same within the next seven days. In any case, the approving authorities were required to make a decision within a minimum period of four weeks from the date of the initial proposal from the state government, the HC said.

The state government was also ordered to begin repairing or reconstructing roads immediately after approvals were received and the tender processes be expedited and if legally feasible, a short term tender notice be issued.