State got okay for Andheri flyover post-petition, HC told

Mumbai, Nov 26: Approvals for the use of the whopping 45,000 sq metres of commercial space under the flyover at Andheri -- which was refu...

Mumbai, Nov 26: Approvals for the use of the whopping 45,000 sq metres of commercial space under the flyover at Andheri 8212; which was refused by the Mumbai Metropolitan Region Development Authority MMRDA since 1997 8212; were suddenly obtained within three days from MMRDA in July this year, the Bombay Environmental Action Group BEAG informed the Bombay High Court on Thursday.

Reading out from the state government8217;s own affidavit, advocate Shyam Divan for the petitioners argued that the 8220;the approvals were obtained, post facto, post petition and post the bench8217;s directions in the petition earlier.8221;

Also, while the earliest designs of 1994 for the flyover at Andheri envisaged a commercial space of 9,000 sq metres, the space eventually expanded to 26,000 by 1997 to the present huge 44,151 sq metres, which too has found mention in the state8217;s affidavits filed only yesterday.

The BEAG has challenged the creation of the huge commercial space of three lakh sq feet 8212; equal to three 20-storeyed buildings atNariman Point 8212; under the Andheri flyover being constructed by the MSRDC, on the grounds that the state government has no rules or regulations on the use of such commercial space, nor were objections or suggestions called from the public for the change in user. 8220;It would be expected that when such a huge amount of commercial space has come up for development, the public should have a say in the matter,8221; he submitted.

Though filed in March 1999, the petition had been heard a number of times with short directions given. The public interest petition has now come up for detailed hearing and is expected to be heard finally next week.

A model of the Andheri flyover 8211; which extends from Bahar cinema to the Andheri-Kurla Road 8211; was examined in detail by the bench of Chief Justice Y K Sabharwal and Justice Ranjana Desai on Thursday where the officers of the Maharashtra State Road Development Corporation MSRDC told the bench there was space for 356 cars for the users of the 45,000 sq metres of commercial spaceunder the flyover. 8220;Will that be adequate for this kind of commercial space?8221; enquired the Chief Justice.

8220;The city needs a development code for the use of commercial spaces under flyovers. Where in the world have you such a huge commercial space without rules or regulations? What kind of air-conditioners will be allowed, what fire-fighting avenues, what kind of shops or restaurants will be here? What kind of a traffic flow are you envisaging?8221; asked Divan. He argued that no studies or reports were made on the traffic and environment impact of this project.

Story continues below this ad

8220;MMRDA had in its own affidavit of July 22 stated it had not granted approval to the project since they had failed to give any environmental impact report on it,8221; he pointed out. 8220;Yet on July 26, the state submitted the studies and obtained an approval within three days.8221; He pointed out that a retired chief engineer of BMC, Abhyankar, had been asked to do a study on the project, after the petition was filed, in June 1999. He eventuallysuggested some minor changes in the project.

Divan told the court that two independent assessments made by experts appointed by them had expressed reservations about the project. The petitioners have also challenged Section 164 of the MRTP Act, whereby the state directed the BMC to change the regulations before inviting any objections or suggestions on the change.

8220;Can one change the city8217;s development index in such a cavalier manner?8221; he asked, urging that the integrity of the MRTP Act had to be maintained. The matter is to be heard continuously by next week, when the state and the MSRDC will be putting forth their submissions.