Petitions against metro lines disposed of by HC
Bombay High Court has dismissed two writ petitions against Metro 4 and Metro 2B filed by Indo Nippon Chemical Company and Shree Yashwant Housing Society respectively. The court ruled in favour of MMRDA and the government, finding no error in the land acquisition proceedings and the implementation of the metro project. The Shree Yashwant Society case delayed the project by 46 months and escalated the cost by INR12m ($161,000). MMRDA also received a green signal for another court case against Metro 2B, where the NOC issued for construction of the metro rail lines near Juhu Airport was challenged.
Two writ petitions against Metro 4 connecting Wadala and Thane, and Metro 2B connecting D N Nagar and Mandale, have been disposed of by the Bombay high court recently, according to an MMRDA press release.
Indo Nippon Chemical Company Limited had filed a PIL in 2018 while Shree Yashwant Housing Society in Ghatkopar had filed a writ petition in 2019 in the HC, stating that they were aggrieved by the alignment of Metro Line 4, which was not only affecting their respective properties but that the entire execution and implementation of the metro was in violation of the statutory provisions, including the land acquisition carried out under the MRTP Act, 1966. Indo Nippon Chemical Company Limited had also demanded a compensation of sum of ₹301 crore.
The Shree Yashwant Society case delayed the project by 46 months and escalated the cost by ₹1.2 crore. The Indo Nippon case escalated the cost by ₹80 lakh in 29 months, the press note said.
MMRDA and the government provided the HC with all the details regarding the due process followed during the land acquisition. Taking all the facts into consideration, the high court ruled in favour of MMRDA and the government, as it did not find any error in the action of finalising the alignment of Metro Line 4, the land acquisition proceedings and the implementation of the metro project, the press note said
While passing the judgement, the high court mentioned that the petitioners unnecessarily raised larger issues questioning the authority of MMRDA in implementing Metro Line 4.
MMRDA also received a green signal in another court case against Metro 2B, where the NOC issued to it for construction of the metro rail lines near Juhu Airport was challenged. The petitioners said that the NOC was issued contrary to the height restrictions given by the ministry of civil aviation. In reply to this, MMRDA coordinated with the Airports Authority and DGCA and tendered an affidavit in court, mentioning the safety measures taken. Taking the submissions into consideration, the high court disposed of the PIL, the press note said.
“Infrastructure projects like the metro are for the greater public good and shouldn’t be embroiled in legal battles that lead to delays and expense to the exchequer,” said SVR Srinivas, commissioner, MMRDA. “We are thankful that the high court has ruled in our favour and quashed the PIL on merit. We can now accelerate the work.”