SHANKARA N SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners have moved these proceedings under Article 226 of the Constitution seeking reliefs to the effect that (i) a writ of mandamus be issued to the Respondents to "strictly adhere to the development plan and/or consider the existing divider as the center of the Andheri Ghatkopar Link Road as regular line for widening the said road"; (ii) an order of restraint be issued against the Respondents from demolishing or removing any part of the commercial structures occupied by the Petitioners as part of the plan for the widening of the Andheri Ghatkopar Link Road, till the original development plan is implemented and/or the existing divider is considered as the center of the road as regular line for such development.

(2.) The Respondents to these proceedings are respectively the State of Maharashtra, the Chief Executive Officer of the MMRDA and the Municipal Corporation. MMRDA is a nodal agency entrusted with the implementation of road widening projects of the Municipal Corporation of Greater Mumbai. According to the Petitioners, the commercial structures which are in their occupation are situated on one side of the Andheri Ghatkopar Link Road and are situated on private land, on the stretch from Asalfa Sakinaka junction. The road is being widened from 100 ft to 150 ft. The contention of the Petitioners is that the process of road widening should be carried out with reference to the center of the existing road. On the contrary, it has been alleged that the process of road widening is being carried out in violation of the development plan. The submission before the Court is that the road should be widened by considering the center point of the existing road and that both the sides of the road should be extended equally.

(3.) Affidavits in reply have been filed in these proceedings by the Respondents. The Deputy Chief Engineer (Traffic) of the Municipal Corporation has filed an affidavit dated 2nd March, 2007 in which it has been stated that the Corporation has prescribed a regular line for a 150 ft. wide road in accordance with the provisions of Section 297(1)(a) of the Mumbai Municipal Corporation Act, 1888 for the portion between Sakinaka and Asalfa village. Further a new road line was prescribed from Asalfa village upto L. B. S. Marg, Ghatkopar in accordance with Section 291 of the Act. The structures of the Petitioners fall within the regular line prescribed between Sakinaka and Asalfa village. In accordance with the request made by MMRDA which was implementing the project, the Municipal Corporation demarcated a portion of the regular line between Sakinaka and Asalfa village at site.