1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 39 OF 2009 Mr. Birpal R. Kasyap ).. Petitioner Versus P.W.D., Vasai, M.M.R.D.A., Mumbai and others ).. Respondents Petitioner present in person. Mr. S.R.Nargolkar, Assistant Government Pleader, for Respondent Nos.1 and 5. Mr. Virendra Petha i/b Mr. B.D. Joshi for Respondent No.2. CORAM : J.N. PATEL, ACTING C.J. & S.C. DHARMADHIKARI, J. DATED : 6TH MAY 2010 P.C. With the consent of parties we have heard the Petition itself at this stage. 2. We have given our anxious consideration to the grievances projected in this Public Interest Litigation and articulated by the Petitioner appearing in person. 3. We have also perused the affidavits filed on behalf of the Municipal Corporation of Vasai-Virar, the Additional Chief Engineer of MMRDA and the affidavit of Sub-Divisional Officer, Public Works Department, Vasai District, Thane. After perusing the entire material, we are of the view that the apprehension of the Petitioner that the sky- walk would cause obstruction to the smooth flow of traffic and the said construction is undertaken without permission of the Railway authorities has no basis. The affidavits filed on record by experts in 2 the field show that due care has been taken by the authorities to ensure that no inconvenience would be caused to the pedestrians and the vehicles because of the construction of sky-walk. The sky-walk is necessary on account of the congestion near railway station. Further, the Public Works Department and Municipal Council have assured that the encroachments would be removed and the road beneath the sky- walk would be widened so that there is smooth flow of the vehicular and pedestrian traffic. 4. In such circumstances, we do not feel that this is a fit case for interference in our extra-ordinary jurisdiction under Article 226 of the Constitution of India. Writ Petition is dismissed. 5. Before parting, we impress upon the Respondents that the grievance of the public and particularly in regard to the unauthorized construction which is hampering road widening work should also be noted and appropriate steps in accordance with law be taken so that those using the road beneath the sky-walk are not inconvenienced in any manner. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J.