Bombay High Court Orders State Govt To Immediately Repair Internal Roads Of Mumbai's Aarey Milk Colony

The Bombay High Court on Wednesday directed the state government's Department of Agriculture, Animal Husbandry, Dairy and Fisheries Development to immediately initiate the repair or reconstruction of internal roads of the Aarey Milk Colony in Mumbai.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor directed that the authorities “shall be guided by the overwhelming public interest of having proper internal roads in the area as also by the measures to be taken for preserving the wildlife and ecology and accordingly take decision at the earliest.”

The court noted that out of the total 52 kilometres of internal roads in the Sanjay Gandhi National Park Eco-Sensitive Zone (ESZ), 7 kms fall under the jurisdiction of the BMC, while the remaining 45 kms requires attention from the state government's Department of Agriculture.

The court directed a stretch of 8.22 kms out of 45 kms to be closed within 10 days, as alternate routes are available. The repair, reconstruction, and maintenance of the remaining internal roads were directed to be immediately undertaken by the Department of Agriculture, Government of Maharashtra.

Additionally, the court order the BMC to file an affidavit regarding the status of repair or construction of the remaining 7 km. stretch of internal road under its jurisdiction. The court adjourned the matter to April 22, 2024.

The court was dealing with a writ petition filed by Binod Agarwal, a resident of Aarey Colony. Agarwal's petition sought the maintenance of the pothole-ridden roads, emphasizing the urgent need for repairs, while NGO Vanashakti's intervention application aimed to safeguard the environment from any adverse impacts arising from the repair activities.

The court's directions were based on a report submitted by a court-appointed committee comprising higher-level state government officers, an expert from the National Environmental Engineering Research Institute (NEERI), and the CEO of Aarey Milk Colony. The committee recommended immediate reconstruction of a 1.5-kilometer stretch from Aarey Market to Mayur Nagar, along with repairs to various other sections of the internal roads.

The court further observed that as per a Government Resolution dated June 28, 2023, issued by the Department of Agriculture, Animal Husbandry, Dairy and Fisheries Development, Government of Maharashtra, Rs. 48.41 crores have been sanctioned for repairs and straightening of internal roads in Aarey Colony.

A circular dated March 9, 2021, issued by the Government of Maharashtra mandates the Project Authority to submit a proposal for repair of forest roads to the concerned authorities, including the Deputy Conservator of Forests, Deputy Director of Tiger Reserve, Divisional Forest Officer, or Independent Sub Divisional Officer.

The concerned authority has to conduct a site inspection and scrutinize the proposal and inspection report. If the authority deems the proposal necessitates prior approval under the Forest (Conservation) Act, 1980, it communicates this requirement to the Project Authority. If the authority concludes that prior approval is not required, it has the discretion to grant permission for the project.

A notification dated December 5, 2016, issued by the Ministry of Environment, Forest and Climate Change of India declared the Sanjay Gandhi National Park area, including the internal roads in Aarey Colony, as an Eco-sensitive Zone. It provides that repair, reconstruction, or maintenance of the internal roads in Aarey Milk Colony will require clearance from the Monitoring Committee constituted under clause 5 of the notification, the court noted.

The court instructed the Department of Agriculture to seek necessary permissions and approvals outlined in the Government Resolution dated March 9, 2021 and the notification dated December 5, 2016.

The court directed the Department of Agriculture to submit the required proposals within a week to the respective authorities, who have to process and decide on the proposals within a fortnight of receiving them.

Once the necessary permissions and approvals are obtained, work on repair, maintenance, construction, or reconstruction of the roads has to commence immediately. The court State Government was encouraged to expedite any tender processes, and if legally feasible, issue short-term tender notices.

Case no. – Writ Petition No. 3170 of 2022

Case Title – Binod Sitaram Agarwal v. State of Maharashtra & Ors.