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The said agencies are the Mumbai Metropolitan Region Development Authority (MMRDA) established under the Mumbai Metropolitan Region Development Authority Act, 1974 (for short "the said Act of 1974"), the Public Works Department of the State Government, the 5 of 33 6 pil-71.13 Mumbai Port Trust which is established under the Major Port Trusts Act, 1963 and the Maharashtra State Road Development Corporation Limited (for short "MSRDC") which is a Government Company incorporated under the Companies Act, 1956. MSRDC mainly deals with the properties and assets comprising movables and immovables including land, road projects, flyover projects, toll collection rights and works under construction which earlier vested with the State Government and were under the control of its Public Works Department. Certain works have been subsequently transferred to MSRDC.

The obligation of the State to maintain and repair streets meant for public use needs no elaboration. From the written submissions of the Mumbai Port Trust it is very clear that it is not denying the existence of such an obligation.

17. As far as MMRDA is concerned, under Section 17 of the said Act of 1974, a power has been conferred on the MMRDA to provide amenities within Greater Mumbai. Under the said Section, MMRDA is empowered to prepare a project or scheme with a view to provide an infrastructure within the territorial limits of the Mumbai Municipal Corporation and execute the same. Explanation to Section 17 clarifies that the term "infrastructure" shall also mean and include the streets, 15 of 33 16 pil-71.13 roads, bridges and other means of transport. Sub-sections (1) and (2) of Section 17 of the said Act of 1974 read thus :-

18. Hence, when MMRDA is implementing any scheme of providing an infrastructure which includes streets, roads, bridges etc in the city of Mumbai, by virtue of the applicability of Chapter III of the said Act of 1888, it becomes a legal obligation of the MMRDA to repair and properly maintain streets, roads and bridges forming part of the infrastructure project undertaken by it.

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7(a) Film City (Dindoshi) East 512/680 to 515/340 MSRDC Side 7(b) Film City (Dindoshi) West 512/680 to 515/340 MMRDA Side 8(a) Times of India (Malad) East 510/900 to 510/400 MSRDC Side 8(b) Time of India (Malad) West 510/900 to 510/400 MMRDA Side 9 Thakur Complex (Kandivali) 509/100 to 508/500 MMRDA 10 Dattapada (Borivali) 507/400 to 506/600 MSRDC 11 National Park (Borivali) 506/200 to 505/400 MSRDC 12 Sahara Elevated Highway 520/500 to 520/900 MMRDA