V.C. DAGA, J.:---Rule in terms of order dated 7-5-1999. Since all the parties are ready for final hearing, with consent of the Counsel for the parties the petitions are taken up for disposal.

The above petitions, giving rise to the public interest litigation assail the decision of the State of Maharashtra to construct fly overs in the island city of Mumbai in general and Andheri Fly Over in particular for north and south traffic along Western Express Highway covering three junctions, namely, Bahar Junction, Gold Spot Junction and Andheri Kurla Road Junction at Mumbai.

FACTUAL BACKGROUND MATRIX

2. Broadly indicated, the facts taken from Writ Petition No. 657/1999 are as under:

Petitioner No. 1 is a society registered under the Societies Registration Act ("Society" for short). The aims and objects of the society are inter alia, to look after the environment in all its aspects. The petitioner No. 2 is the Honorary Secretary of the society and has been working in the environmental movement for past 25 years.

3. The respondent No. 1 is the State of Maharashtra. The 2nd respondent is the Mumbai Metropolitan Regional Development Authority, constituted under the Mumbai Metropolitan Regional Development Act ("M.M.R.D. Act" for short) and is responsible, inter alia, for the development of the Mumbai Metropolitan Region. The respondent No. 3 is the Maharashtra State Road Development Corporation ("M.S.R.D.C." for short), and is responsible for implementing diverse road development projects entrusted to it by the State Government, including construction of fly overs in Greater Mumbai. Respondent No. 4 is a recipient of the tender to construct the Andheri Fly Over. The respondent No. 5 is the Municipal Corporation of Greater Mumbai, (hereinafter referred to as "the Corporation" for short).

4. The city of Mumbai has grown to become a huge international centre for trade and commerce with mass rapid transport system with high rise buildings. The transport is one element without which Mumbai life cannot sustain. Vehicular traffic is one of them. Therefore, the road way network management in Mumbai is regarded as one of the primary duties of the Government to ensure proper roads, bridges including transportation terminals. In order to meet the emergent need of the growing city and after making survey for the management of the traffic, it was noticed by the Government of Maharashtra that on Western Express Highway (W.E.H.) at Andheri and Santacruz Junctions were operating at more than its capacity. Therefore, the decision was taken by the State of Maharashtra, Public Works Department, sometime in the year 1994 to undertake the work of construction of split fly overs covering three junctions and three sub-ways on the Western Express Highway near Andheri Mumbai on Build Operate and Transfer (B.O.T.) basis. Tenders were invited by the Public Works Department of the State some time in the month of November, 1994. Tenders were received up to 2nd December, 1996. The letter of intent came to be issued on 8th August, 1997 and the work contract came to be issued to respondent No. 4.

5. The instant public interest litigation has been initiated in the month of February, 1999 to oppose the construction of fly overs in Mumbai. When this petition came for consideration, this Court by an order dated 7-5-1999 restricted enquiry to the large scale commercial use of the space below the Andheri Fly Over. The principal contention of the petitioner, all along has been that, unless appropriate directions are issued, unplanned and impermissible commercial development under the fly overs will be detrimental to the urban environment.

6. This Court, considering the prima facie impact of the various challenges set up by the petitioner, vide order dated 7th May, 1999 had issued directions to the State Government, whereby the High Court, inter alia, required the respondents to place on record:---

(A) The extent of such space and proposed user, whether for parking o