Calcutta HC Rejects Plea Against Metro Rail Construction, Citing Benefit for the Public Interest”

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The court, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, noted that the petitioner’s claims lacked substantiation beyond newspaper reports.

KOLKATA: Today (26th June): The Calcutta High Court rejected a plea to stay construction of a metro station in Kolkata’s Maidan area, amidst concerns about the uprooting of approximately 700 trees near Victoria Memorial.

The court, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, noted that the petitioner’s claims lacked substantiation beyond newspaper reports.

it would be incorrect for the petitioner to allege that there is no proper plantation program or identification and marking of the trees. The Bench stated that the petitioner’s submissions appear to be based on apprehension, as their writ petition is fully founded on information obtained from newspapers.

They emphasized that the petition’s allegations of inadequate plantation programs and tree identification seemed speculative.

The petitioners sought to pause the project by Rail Vikas Nigam Limited (RVNL) and demanded an independent review by experts, particularly regarding the feasibility of transplanting trees. They argued that Maidan serves as a crucial carbon sink and groundwater replenisher for Kolkata, influencing local climate regulation over its expansive 1200-acre space.

Previously, both the Indian Army and the State Government had opposed a transport terminus in the area to preserve its environmental, social, cultural, and economic significance.

RVNL countered by accusing the petitioners of misrepresentation and claimed they had already planned an underground metro to minimize ecological impact, despite higher costs. They clarified that construction near Victoria Memorial hadn’t commenced pending approvals from defense and forest authorities.

RVNL highlighted their efforts to transplant trees and manage environmental concerns, referencing past projects like the Park Street Flyover and Esplanade Metro Station as examples of balancing public needs with environmental preservation.

“Undoubtedly the metro rail project is in public interest. Kolkata has a unique distinction of being the first city in the entire country to have the Metro Rail Project. One more unique aspect is that Kolkata is the first city where the underwater metro tunnel has been constructed and successfully being put to use. Therefore, the court has to necessary balance the public interest.”

In its ruling, the Court acknowledged the public interest in the metro project, noting Kolkata’s distinction as the first city in India with a metro system and the innovative underwater tunnel. It expressed confidence in RVNL’s compliance with necessary permissions for tree transplantation and felling, deeming them reasonable under stringent conditions.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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