The Supreme Court on Monday turned down a West Bengal government plea to postpone the construction work of the Orange Line Metro route in Kolkata and rapped the state for its “obstinate” attitude in stalling the development work and unnecessarily “politicising” the issue.
“This petition is frivolous and displays an obstinate attitude of the authorities who are completely bent upon stalling the Metro work in Kolkata,” said a bench of Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi.
The West Bengal government approached the Supreme Court against the Calcutta high court’s December 23 order directing the state to ensure the Metro work at Chingrighata crossing is completed by February 15. It cited the assembly elections scheduled in the state next month and requested an extension of time until May.
The bench dismissed the state’s plea, saying it did not expect a democratically elected government to come knocking at the court on this issue. “This was a project that started much before the model code of conduct came into effect.”
The bench said it will not permit the state to use elections as an excuse to stall development. It added that the state was obligated to provide logistical support for the Metro work, as there was no option to not act. “You are duty-bound to act on the high court orders…The facts show complete abdication of your constitutional duty. You are unnecessarily trying to politicise the issue.”
{{/usCountry}}The bench said it will not permit the state to use elections as an excuse to stall development. It added that the state was obligated to provide logistical support for the Metro work, as there was no option to not act. “You are duty-bound to act on the high court orders…The facts show complete abdication of your constitutional duty. You are unnecessarily trying to politicise the issue.”
{{/usCountry}}The court rapped the state for giving the excuse of festivals as a reason for non-compliance. “This is a development issue. You told the high court that you have to take care of festivals and that you cannot give police support and traffic diversion for the ongoing construction work. For you, festivals are more important than creating an arterial transport line.”
Nandini Sen Mukherjee, who appeared for the state, said that the ongoing work will hassle the public. She said that this stretch of the city is vital, serving as a green corridor for ambulances and organ transplant vehicles.
The bench told the state, “The high court has so far been very magnanimous with you. This was a fit case where some action should have been taken against your chief secretary and director general of police.”
A contempt petition against the state police officers and the home secretary is pending before the high court.
As the state sought permission to withdraw the plea, the court said, “We will not allow you to withdraw. You were given that opportunity in the beginning. You did not take the option.”
The bench allowed the high court to take necessary action to ensure its December 23 directions are complied with.