Mumbai, Dec 15: In a significant relief to residents and commuters, the Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to open up the Development Plan (DP) road connecting Sahar Road and Sai Mandir Road in Andheri (East).
The order comes after years of litigation over obstructions placed by co-operative housing societies, which had blocked the road with a security cabin, entrance gate, and MS tin sheet fencing.
City Civil Court Order Quashed
Justice Milind Jadhav quashed a City Civil Court order dated July 31 that had temporarily protected the structures, allowing them to remain until the adjoining DP road was fully developed to a width of 13.40 metres.
BMC’s Appeal Allowed in Public Interest
The HC was hearing an appeal filed by the BMC against the injunction in “public interest”, highlighting that the road was largely constructed and ready for use, with an average width of 10.84 metres, sufficient for vehicular and pedestrian traffic.
Earlier HC Order Did Not Mandate Uniform Width
Advocate Drupad Patil, representing the BMC, argued that the HC’s earlier order of October 3, 2023, did not mandate a uniform 13.40-metre width. “Once the road on the adjoining plot was developed and handed over by the developer, there is no reason for plaintiffs to persist with impugned structures,” he said.
Housing Societies Opposed Immediate Removal
The original plaintiffs — Kalpita Enclave CHS Ltd., Kalpita Enclave ‘L’ CHS Ltd., and Kalpita ‘M’ Enclave CHS Ltd. — contended that the road must be fully developed along its entire stretch before removing the obstructions. Their counsel, Rohan Savant, maintained that the time to remove the structures had not yet arrived.
Intervenors Back BMC, Cite Public Interest
Intervenors, including Panom Developers LLP and eight co-operative societies with a tenants’ association, supported the corporation, emphasising the public interest.
Advocate Vishal Kanade, representing Panom Developers, noted that their SRA development had already completed its portion of the road and handed it over to the BMC. Mr Sharma, representing local societies, stressed that the road’s opening would benefit thousands of families by easing traffic and providing better pedestrian access.
Court Finds Abuse of Legal Process
Justice Jadhav observed that the original plaintiffs had abused the due process of law by repeatedly filing motions to delay the handover. “Plaintiffs cannot resist handing over the road on the sole ground that it has to have a uniform 13.40-metre width at all places,” the court noted.
Structures To Be Removed Immediately
The court directed the plaintiffs to remove the three obstructing structures immediately, failing which the BMC may do so with police assistance within a week.
Costs Imposed, Then Reduced
Initially, the HC imposed an “exemplary cost” of Rs 1 lakh each on the three plaintiffs, stating that “their actions are clearly detrimental to public interest and the benefit of public at large, and such actions can never be permitted by this Court”.
However, on a request from their advocate, the court reduced the cost amount to Rs 25,000 each, to be paid to the Kirtikar Law Library, High Court, and the Bombay High Court Original Side Library.
No Stay Granted on Judgment
The HC also refused to stay the judgment, emphasising the urgent need to open the connector DP road, noting that in the crossfire, “the public at large is the loser”.
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Refusing to grant a stay, the judge observed: “Throwing open the connector feeder road, which is a planned DP road connecting Sahar Road on the East and Sai Mandir Road on the West through Jeevanvikas Marg, is the need and necessity of the hour for the benefit of pedestrians as well as vehicular traffic, to ease congestion in the area.”
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