The Karnataka High Court on Friday dismissed a batch of petitions challenging the alignment of Namma Metro on C.M.H. Road in Indiranagar and also questioning the legality of the project as it was being implemented under the Mysore Tramways Act and not the Indian Railways Act.
While Shravani Developers had challenged the acquisition of Plaza Cinema on M.G. Road by BMRCL for construction of a Metro station, another petition sought for appointment of an expert panel to go into the economic, ecological and social aspects of alignment on C.M.H. Road and 100 ft. Road in Indiranagar.
A Division Bench, comprising Justice V. Gopala Gowda and Justice N. Ananda, dismissed all the petitions and gave the go-ahead for the Namma Metro project which is being implemented by Bangalore Metro Rail Corporation Limited (BMRCL).
In its 127-page judgment, the Bench upheld the constitution of the BMRCL under the Mysore Tramways Act, 1906 and said the contention of the petitioners — C.M.H. Shop and Establishments and Residents' Association, K.V. Ramakrishna, N.S. Ramamohan, and several others — that it was not legal and not valid was wholly untenable.
Moreover, the Metro project could not be said to be ultra vires of the Constitution, it said.It, however, observed that the State Government and BMRCL shall ensure that no air, water and sound pollution would be caused.
On charges that it had deviated from the original alignment, it said courts could not go into the correctness and feasibility of such issues.
Citing the Supreme Court judgment in the Narmada Bachao Andolan case, the Bench said, “We decline to exercise out judicial review powers regarding a plea by one of the petitioners to issue a writ of quo warranto to ensure that the Managing Director of BMRCL shall be a technical person”.
The appointment of a person is the exclusive purview of BMRCL.
Besides, administrative decision of the State and BMRCL could not be gone into by courts.
