HC seeks response from BMC and Railways expressing concern over incomplete Hancock bridge

The Court was informed by the BMC lawyer that another bridge called Carnac Bunder bridge situated between Chhatrapati Shivaji Maharaj Terminus (CSMT) and Masjid Bunder on the suburban line, which was demolished for reconstruction, will be made operational by December 15.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing notice of motion by activist Kamlakar Shenoy argued through advocate Aniesh Jadhav, seeking restoration of PIL seeking that intervention of court was required

The PIL, which was earlier disposed on April 23, 2018 had sought construction of the bridge and arrangements of a pedestrian bridge or alternate mode for crossing over the railway line. The plea was disposed of, noticing the fact that the bridge was already demolished and a new project of reconstruction was underway and no further directions were required to be given at that stage.

However, the HC had granted liberty to the petitioner to reopen present proceedings in case of emergency attention required of the court. Shenoy argued that the way for pedestrians to cross over the railway line is not yet made available.

However, senior advocate Anil Sakhare representing Brihanmumbai Municipal Corporation (BMC) submitted that the first phase of the bridge is completed, however the service road is yet to be completed. He added, for the purpose of construction of service road, acquisition proceedings have been initiated.

However, on account of some litigation issues the land could not be acquired. He referred to the orders of the HC and city civil court restraining acquisition of certain private lands for the construction of the bridge.

“This was done in 2018 we are in 2024, six years have passed and the bridge is not yet complete? Only one phase of the bridge is working, what about the other phase? Because of non completion of the bridge on the other phase, pedestrian’s problems remain the same,” CJ Upadhyaya remarked. Sakhare responded that the Foot Over Bridge (FOB) is available for pedestrians.

“Having regard to the fact that pedestrians are yet to be provided with a safe passage for crossing over the Railway line, the proceedings of PIL are revived and the PIL petition is restored,” the HC noted

It directed that affidavit in reply by BMC and Railways be filed within three weeks, stating therein the status of construction of bridge and facilities available to pedestrians for crossing the railway line. The HC will hear the matter next on March 27.