BOMBAY ENVIRONMENTAL ACTION GROUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE in terms of order dated 7-5-1999. Since all the parties are ready for final hearing, with consent of the counsel for the parties the petitions are taken up for disposal. The above petitions, giving rise to the Public Interest litigation assail the decision of the State of Maharashtra to construct flyovers in the island city of Mumbai in general and Andheri flyover in particular for north and south traffic along Western Express High Way covering three junctions, namely, Bahar junction, Gold Spot Junction and andheri Kurla Road Junction at Mumbai. FACTUAL BACKGROUND MATRIX

(2.) BROADLY indicated, the facts taken from Writ Petition no. 657/1999 are as under :-

(3.) THE respondent No. 1 is the State of Maharashtra. The 2nd respondent is the Mumbai Metropolitan Regional development Authority, constituted under the Mumbai metropolitan Region Development Act ( MMRD Act for short)and is responsible, inter alia, for the development of the mumbai Metropolitan region. The respondent No. 3 is the maharashtra State Road Development Corporation ( MSRDC for short), and is responsible for implementing diverse road development projects entrusted to it by the State government, including construction of flyovers in Greater mumbai. Respondent No. 4 is a recipient of the tender to construct the Andheri Fly-over. The respondent No. 5 is the municipal Corporation of Greater Mumbai. (hereinafter referred to as the Corporation for short ).