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 fly overs in the island city of Mumbai in general and Andheri Fly Over in particular for north and south traffic along Western Express Highway covering three junctions, namely, Bahar Junction, Gold Spot Junction and Andheri Kurla Road Junction at Mumbai. FACTUAL BACKGROUND MATRIX

(2.) PETITIONER No. 1 is a society registered under the Societies Registration Act ("society" for short ). The aims and objects of the society are inter alia, to look after the environment in all its aspects. The petitioner No. 2 is the Honorary Secretary of the society and has been working in the environmental movement for past 25 years.

(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 Regional Development Act ("m. M. R. D. 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 ("m. S. R. D. C. " for short), and is responsible for implementing diverse road development projects entrusted to it by the State Government, including construction of fly overs 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 ).