City’s existing roads narrow and congested, must be widened: HC
Court said narrow private interests could not be considered as public interest would always be paramount
Voicing its concern over the existing roads in the city, the Bombay High Court recently said that the roads are narrow and need to be widened. The HC also observed that roads in the city are too much congested and need to be maintained.
A bench of Justices Satyaranjan Dharmadhikari and Gautam Patel made the observation while dismissing a plea filed by a Bandrabased housing society challenging the demolition notice issued by the Brihanmumbai Municipal Corporation (BMC), to raze its pump room and the cabin of the society’s watchman. The HC said such narrow private interests could not be considered as public interest would always be paramount.
The bench was dealing with a plea filed by the Hill Road Co-operative Housing Society Ltd challenging the notices issued by the BMC asking it to raze two of its structures, as these came in the way of the road-widening project. The society claimed that the cabin and the pump room were an integral part of the society’s approved plan and that the same cannot be now disturbed.
The civic authority on the other hand, justified its notices stating that the lane just outside the society compound was narrow and needed to be widened. It also offered to relocate the two structures in question at other sites within the society premises.
However, the society, refused such an offer and sought quashing of the notices.
Having heard the contentions, the judges said the arguments of the society were inconceivable.
“The BMC is required to act in larger public interest. The lane is not to be widened only to benefit those whose buildings or structures abut it, but to allow traffic generally, and the public at large, to have alternative access routes, and to be able to access other roads in the area.
The plan is to provide better connectivity and remove bottlenecks at strategic points in this area,” the judges noted.
The bench further noted, the BMC had not at all erred in invoking the legal provisions to remove the structures. “We do not think the BMC has acted high-handedly, leave alone in a mala fide manner. We find the existing public roads are narrow and congested. The pressures and demands on all civic services have increased over time. Roads are no exception,” Justice Dharmadhikari observed.
“To meet heavier demand, they need to be widened. Narrower private interests should not be allowed to defeat a wider public interest or purpose. The attempt by the petitioner society is precisely that (private interest),” Justice Dharmadhikari added.
A bench of Justices Satyaranjan Dharmadhikari and Gautam Patel made the observation while dismissing a plea filed by a Bandra-based housing society challenging the demolition notice issued by BMC, to raze its pump room and the cabin of the society’s watchman.