upa 1 pil83-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 83 OF 2009 ALONG WITH NOTICE OF MOTION NO. 113 OF 2010 Prakash V. Vaidya and others ).. Petitioners Versus The State of Maharashtra and others ).. Respondents Mr. V.P. Patil i/b Mr. P.M. Jadhav for the Petitioners. Mr. S. Ingawale, Assistant Government Pleader, for Respondent Nos.1 to 4. Ms. Preeti Purandare for Respondent Nos.2 and 5. CORAM : MOHIT S. SHAH, C.J. AND S.J. KATHAWALLA, J. THURSDAY, 23RD DECEMBER 2010 P. C. : In this public interest litigation, the petitioners pray for a direction to the respondents to change the present development plan of the Bhandup fly-over bridge on the ground that it would cause harm to the environment and trees in the area. The petition was filed in January 2009. This Court had not granted any interim or ad-interim injunction against the respondents. 2. Affidavit in reply was filed on behalf of the respondent- Municipal Corporation on 22nd June 2009 pointing out that the Corporation had obtained permission under Section 7(3) and Section upa 2 pil83-09 8(1) of the Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975 for removing the trees for construction of new road widening of the existing roads and construction of fly-over. The Tree Authority by its resolution No.235 had accorded sanction for cutting seven trees and five trees to be transplanted and the Corporation had also paid the necessary fees for obtaining such permission. 3. In view of the above stand of the Corporation, we see no justification to entertain this petition. We have also noted that in Notice of Motion No.113 of 2010 taken out by the Corporation, it is stated that the construction of the fly-over is already completed. 4. In view of the above, nothing survives in the public interest litigation and the same is accordingly disposed of. 5. In view of the disposal of the public interest litigation, nothing survives in the Notice of Motion and the same is disposed of accordingly. CHIEF JUSTICE S. J. KATHAWALLA, J.