HC says “officers lack will” to take action and repair Aarey Road

Bombay High Court questions Election Commission on implementation of court order for road repairs in Aarey Colony, criticizes state government's inaction.

MUMBAI: The Bombay High Court on Monday issued a notice to the Election Commission of India (ECI) and sought clarifications on whether the ECI’s permission was necessary to implement a court order when the model code of conduct remains in force. The court itself believed that no such permission was required.

Environmentalists have highlighted several times that the depot plot is functionally the only remaining floodplain of the Mithi River in Aarey Colony, a position which has been contested by the Mumbai Metropolitan Rail Corporation Ltd. (MMRCL). The interaction of the river with this open space is crucial for the survival of this ecosystem, and to prevent flooding in other parts of the city. (HT PHOTO)

The case stems from a petition filed by Binod Agarwal, a former Indian Navy staffer living in Royal Palms, Aarey Colony, along with an intervention plea from the NGO Vanashakti for the repair and reconstruction of pothole-ridden roads in Aarey Milk Colony. On March 6, the court directed the state government’s Department of Dairy Development to promptly reconstruct or strengthen a nearly 37 km stretch of internal roads in Aarey Milk Colony.

These roads fall within the Eco-Sensitive Zone (ESZ) of Sanjay Gandhi National Park (SGNP), necessitating clearances for any repair or reconstruction to ensure minimal environmental impact. The court emphasised the importance of preserving wildlife and ecology while addressing the public interest in proper internal roads.

Even after the court’s directive, the state government failed to issue tenders and commence urgent repairs on the roads. During Monday’s hearing, a bench of Chief Justice DK Upadhyay and Justice Arif S Doctor expressed dissatisfaction with the state’s inaction in obtaining necessary approvals.

Although the monitoring committee of SGNP’s ESZ approved, the forest department’s opinion is pending. Additionally, the state is yet to seek the opinion of the ECI due to the ongoing election code of conduct.

The court rebuked the state’s lack of progress, questioning why the necessary approvals had not been obtained despite clear directives. It criticised the officials’ apparent lack of will in fulfilling their obligations.

“Why haven’t you obtained the necessary approvals yet? You don’t want to do”, the court remarked. “Forget ECI, our direction was clear, we had given a framework, why has it not been done? This clearly shows that your officers lack the will”, the court added. The court will continue deliberations on the matter on Tuesday.