The Nagpur Bench of the Bombay High Court issued a stern warning on Tuesday to intervenors who are opposing a proposed underground Metro tunnel, cautioning that they could be held liable to pay costs if their objections are found to lack factual foundation. This development occurred as the court continued its proceedings on a suo motu Public Interest Litigation (PIL) concerning the ambitious Metro project in the city.
Background of the Metro Tunnel Case
The case revolves around a planned underground tunnel that is intended to connect the Institute of Science to Manas Chowk, passing through the Freedom Park Metro station. Initially, a division bench comprising Justices Anil Kilor and Raj Wakode took cognisance of a letter that raised serious questions about the utility and necessary clearances for this underground alignment. Consequently, the bench converted this letter into a formal PIL to ensure thorough judicial scrutiny.
Key Issues and Court Directives
During earlier hearings, it came to light that MahaMetro, the agency responsible for the project, had not initially applied for certain statutory permissions. In response, the court directed the court-appointed amicus curiae, Kuldeep Mahalle, to compile and submit a comprehensive list of all required approvals. The amicus curiae subsequently informed the court that permissions from a total of 13 authorities were essential for the project to proceed lawfully.
These authorities include:
- The Defence Ministry
- The Nagpur Municipal Corporation
- The Maharashtra Pollution Control Board (MPCB)
- The Traffic Police
The court then sought detailed information on how many of these clearances had been successfully secured by MahaMetro, emphasizing the importance of regulatory compliance in such large-scale infrastructure projects.
MahaMetro's Response and Intervenors' Objections
In a significant development, Hiralal Kavre, the chief project manager of MahaMetro, filed an affidavit asserting that approval from the Defence Ministry had been obtained. He further stated that all mandatory permissions had been completed, aiming to address the court's concerns and move the project forward.
However, at Tuesday's hearing, intervenors led by Sandeep Agrawal submitted an affidavit opposing the tunnel. They raised alarms that the construction could pose potential risks to critical defence installations and other key sites in Nagpur. Specifically, they highlighted concerns about the Sitabuldi Fort, Freedom Park, the Central Museum, and the Reserve Bank of India premises. MahaMetro has already filed its reply to these objections, setting the stage for a contentious legal battle.
Next Steps and Future Hearings
In light of these developments, the court has directed the Public Works Department (PWD) to present its official position on the matter. This step is crucial as it will provide additional insights into the technical and administrative aspects of the project. The bench has scheduled the next hearing for January 30, where further arguments and evidence are expected to be presented.
The ongoing PIL underscores the complex interplay between urban development, regulatory compliance, and public interest in Nagpur. As the case progresses, stakeholders are closely watching the court's decisions, which could have far-reaching implications for the city's infrastructure and legal precedents.
