Karnataka high court removes all hurdles to metro

The Karnataka high court on Friday dismissed a clutch of public interest litigation (PIL) petitions challenging acquisition of land by the Karnataka Industrial Areas Development Board (KIADB) for Namma Metro, clearing all the hurdles in the way of the implementation of the project.

A division bench comprising justices V Gopala Gowda and N Ananda dismissed the writ petitions filed by the CMH Shops and Establishments and Residents’ Association, Indira Nagar, and by the owners of Plaza theatre on MG Road, citing various reasons.
The CMH Shops and Establishments and Residents’ Association, Indira Nagar, had filed the petition challenging the acquisition of land for the execution of the project on CMH Road.

The petitioners had challenged the alignment of the metro in the area and argued that many of them would lose their shops and residences if the Bangalore Metro Rail Corporation Limited (BMRCL) went ahead with the project according to the present plan, and sought a stay on the work.

The petitioners also sought an alternative alignment along Old Madras Road and prayed for the appointment of an expert committee to consider the economic, social and environmental aspect of the impugned alignment.

However, the court said that the PIL was vested in private interests, rather than a public one and dismissed it. The bench observed that as a policy-maker, the state must have examined all pros and cons of shifting the project, and its correctness could not be examined under judicial power.

The owners of Plaza theatre building on MG Road had also filed a PIL praying for a realignment of the metro rail, as a metro station was scheduled to come up in place of the building.

However, the court said that the authorities had examined the decision to shift the location of the metro station on MG Road from the Parade Grounds to the Plaza theatre building based on expert opinion. The court said that the station would not be relocated from the spot decided upon and dismissed thepetition.

The court observed that the state government was under obligation to provide better, speedy and economical transport to citizens. It held that acquisition of land was not vitiated by legal mala fides  and dismissed the petitions.

The bench further said that Bangalore was witnessing rapid growth with several industries were setting shop here, and hence the requirement for various infrastructure facilities was on the rise. Transportation was a major issue affecting citizens, and the state was making all efforts to provide affordable and quick transportation facilities to all sections of the society.

The court observed that as a matter of policy the government had decided on the metro rail system as an effective mass transportation mode, and the project could not be hindered or altered on the basis of objections from a few individuals.

It said that the project involved huge sums of public money and was already 40% complete. If the ruling was granted in favour of the petitioners, it would not only mean a loss of time and investment, and would require new plans to be drawn and fresh land acquisition procedures.

With regard to some alignment changes made earlier, the court said that the changes were made only where certain practical problems were encountered, and where realignment was unavoidable.