HC rejects Metro plea to vacate stay

HC rejects Metro plea to vacate stay

Staff Reporter
BANGALORE: Bangalore Metro Rail Corporation Limited (BMRCL) suffered a setback when the Karnataka High Court on Friday refused to vacate a stay it had granted earlier against acquisition of certain properties on R.V. Road near South End Circle, Basavanagudi, Bangalore.

Justice D.V. Shylendra Kumar rejected the application by BMRCL urging the court to vacate a stay it had given on December 10, 2008 on acquiring properties belonging to Zakirunnissa, S. Rajashekar and Nissar Ahmed.

The three petitioners had contested the acquisition of their properties, saying that it was an illogical and arbitrary move.

They had further contended that Bangalore Metro had deliberately shifted the location of the metro rail station. Moreover, the project is being implemented under the Mysore Tramways Act and not the Railways Act.

They said adequate Government land was available on the road and there was no need for the BMRCL to acquire private property.

In its application to vacate the stay, BMRCL said as on December 31, 2008, Rs. 891.35 crore was spent on the project. It said a day’s delay of the project would cost it Rs. 80 lakh.

It said it is unable to execute work on other reaches (stages) because of the stay and urged the court to vacate it.

BMRCL said the proposed R.V. Road station is 955 metres from the Lalbagh station and 902 meters from the Jayanagar station. The anticipated load is 15,500 per day by 2011 and 38,325 by 2021. It said the RV Road station was shifted by 60 metres only to ease traffic congestion at South End Circle and also to provide easy and unrestricted access to ambulances and vehicles carrying passengers to hospitals situated near the circle.

The Department of Commerce and Industries, urged the court to dismiss the petition.