Monday, August 11, 2008

Litigation slows Namma Metro

Litigation slows Namma Metro
Sunday August 10 2008 09:55 IST

Express News Service

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BANGALORE: Legal hurdles plague the Namma Metro project, causing even futher delay in the implementation of the already- delayed project. The project has 15 cases pending against it in the Karnataka High Court (HC).

With so many cases pending against the Namma Metro project, the implementing agency, Bangalore Metro Rail Corporation Limited (BMRCL) may not able to take up construction work in full swing.

Though the HC has not issued a stay order on preparatory and construction work of the metro rail project, writ petitions against proposed alignment and stay of dispossession orders hinder the progress of the project, as private properties need to be acquired and demolished to start construction work for stations and other supporting infrastructure for the project, BMRCL officials said.

Three writ petitions challenge the proposed alignment of Metro Rail project in different areas of the City, some others oppose the proposed acquistion of private properties. Moreover, a public interest litigation filed by a former MLA questions the legality of the project per se.

Some of the cases pending in the court include a dispute over the proposed site for the metro station on MG Road (the Plaza Theatre, which no longer screens any films), where the HC has issued an interim order not to dispossess the property.

Similarly, the proposed site for Trinity Circle Station is also under litigation. In two separate cases over the Trinity Circle Station, the HC in its interim order has stayed dispossession of properties.

As BMRCL is gearing up to start construction on CMH Road, two writ petitions challenging the metro alignment on CMH Road and two others challenging the proposed acquistion of private properties for CMH Road Station are pending in the High Court.

While the High Court has passed an interim order to stay acquisition proceedings in one case, an interim order is awaited in another case regarding alignment.

In the cases against the proposed metro station on CMH Road, the High court has stayed dispossession in one case and given status quo in respect of possession of petitioners in another.

The BMRCL is also facing similar legal battles for acquiring and possessing already acquired properties for metro work on Swami Vivekananda (Old Madras) Road, Mysore Road and Rashtriya Vidyalaya Road in Jayanagar.

The High Court is yet to issue an interim order in a case against property acquisition for the metro on SV Road, whereas an interim order for not dispossessing a property on Mysore Road was issued.

The High Court has also issued interim orders to stay dispossession in two cases against property acquisition for the proposed station on RV Road; there is also another case in which objections are yet to be filed.

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