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HC clears Balbharati-Paud Phata Road, asks PMC to seek environmental clearance
A bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre ruled that the feasibility of the road construction falls under the jurisdiction of the planning authority
The Bombay High Court has dismissed a petition filed by city-based NGO Nagrik Chetna Manch challenging the proposed Balbharati-Paud Road through Law College Hill. The court also directed the Pune Municipal Corporation (PMC) to obtain necessary permissions from the Environment and Forest Department if required before proceeding with the construction. A bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre ruled that the feasibility of the road construction falls under the jurisdiction of the planning authority.
“We dispose of the present proceedings with a direction to the Municipal Corporation to secure necessary approvals from the relevant authorities involved in the construction of the proposed road through Law College Hill,” the court stated in its order.
The two-member bench observed that it is for the planning authority to consider the feasibility of the construction of Balbharati Road which according to it would relieve the traffic congestion at Law College Road.
“We must at this stage clarify that for construction of the said road, if requisite permission of forest department and environment department are necessary, the Corporation must ensure necessary clearances from departments concerned and it will be for the appropriate authority to determine whether the area from where the road is passing is deemed forest and whether the proposed road is in the public interest and for the public good,” the HC stated in its order.
The judgment emphasized that the road project had undergone due deliberation by an expert committee and consultants, who had assessed its environmental impact.
The Balbharati-Paud Road project has been a contentious issue in Pune for decades. Initially proposed under Section 205 of the BPMC Act, the plan faced legal challenges before being incorporated into the city’s Development Plan.
Some citizens and environmental activists have strongly opposed the project, citing concerns over the loss of green cover on the hill and potential traffic chaos on Law College Road and Prabhat Road. Over the years, multiple protests have been staged against the construction of the road.
Meanwhile, BJP leader Ujwal Keskar, who supports the project, has written to PMC commissioner Rajendra Bhosale, urging the immediate commencement of the work. He also suggested that the PMC file a caveat in the Supreme Court to ensure its stance is heard if the High Court’s decision is challenged.
Welcoming the court’s ruling, Keskar said, “This has been our long-standing demand. The PMC’s General Body had approved the project after inviting public suggestions and objections. It has now been incorporated into the Development Plan, completing all legal procedures. This road will help reduce traffic congestion and vehicle pollution. I urge the PMC to begin work immediately.”
Pune’s civic body stands by the Balbharati-Paud Phata Road plan to alleviate Law College Road congestion, ensuring aquifer and biodiversity protection, sound barriers, reduced by-lane traffic and addressing public transportation and Metro impact.
Former Standing Committee chairman Nilesh Nikam said, “I have been following up on this road since 1994. For this road, three properties need to be acquired which are owned by Bhandarkar Institute, Law College and Survey number 44 at Erandwana. Bhandarkar and survey number 44 are positive. But the Law College opposed it and got a stay from the state government. But later NCP leader Sharad Pawar helped it and asked the then chief minister to remove stay on this land. The Vetal Tekadi is away from this proposed road and this road goes from the bottom of the hill. Hardly 100-150 meters of land is going from the Hill Top and Hill slope. The rest of all land required for this road is from the land of education purpose and slum development.”
