Bombay HC Directs MMRDA To Consider Objections To Elphinstone Flyover Demolition For Worli-Sewri Connector

Mumbai: The Bombay High Court on Tuesday directed the Mumbai Metropolitan Region Development Authority (MMRDA) to consider the representation of a city resident opposing the demolition of the Elphinstone flyover for the proposed Worli-Sewri connector to the Atal Setu.

While dismissing the public interest litigation (PIL) filed by the citizen, the court said such matters should be assessed by planning authorities and technical experts, not the judiciary.

The PIL was filed by Prabhajan Khatre, 55, a real estate consultant from Shivaji Park, who raised objections to the planned demolition of the Elphinstone flyover without first completing and opening the new Tilak Bridge to the public.

He also proposed changes to the design of the connector, suggesting a three-deck structure instead of the current two-deck plan, and flagged the lack of a dedicated ramp for ambulances in an area housing 12 hospitals.

“There are 12 hospitals in Parel East, including a veterinary hospital. They are not even considering a ramp. Especially considering the coastal road will bring in more traffic,” Khatre argued, adding that his objections were based on both public interest and practical concerns.

A bench of Chief Justice Alok Aradhe and Justice MS Karnik questioned whether Khatre had taken up the matter with the concerned authorities. “We are not experts in bridge construction. Your suggestions may be valid, but they must be considered by the appropriate authority,” the court said.

The court clarified it was not the role of the judiciary to intervene in technical planning decisions, but acknowledged the petitioner’s right to be heard.

“He being a citizen is entitled to raise grievances,” the court noted, directing MMRDA to consider his representation in consultation with other relevant agencies, including the BMC and Maharashtra Rail Infrastructure Development Corporation Limited (MRIDC).

The court permitted Khatre to file a written representation within three days and directed that he be granted a personal hearing before any decision is taken.

The PIL had also urged the court to direct MMRDA to cancel the demolition of the existing Elphinstone flyover and delay the construction of the Worli-Sewri connector until both the new and rebuilt Tilak Bridges are completed and opened to the public.