The Hindu : Karnataka / Bangalore News : Court admits petition against Metro

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Friday, Mar 28, 2008
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Karnataka

Karnataka - Bangalore

Court admits petition against Metro

Staff Reporter

BANGALORE: The Karnataka High Court on Thursday admitted a public interest litigation (PIL) petition by the CMH Shops and Establishments and Residents Association of Indiranagar challenging the legality and validity of the Bangalore Metro project.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice B.V. Nagaratna ordered issue of notices to the State and Central Governments, Bangalore Metro Rail Corporation (BMRC) and other respondents.

The association and two other petitioners have urged the court to stay the project, citing lack of legal sanction.

They said the metro is not being taken up under the Railways Act but under the archaic Mysore Tramways Act of 1906. They contended that the Centre had recently constituted a high-level committee to frame model laws for the metro rail system. Even the Karnataka Government and the BMRC had given their suggestions to the committee, they said.

Opposing the petitions, Advocate-General B.V. Acharya, who is appearing for the State, said legal opinion had been obtained by Karnataka from a retired Supreme Court Judge and also the Attorney General.

Both had opined that separate legislation was not needed for the project.

The Bench adjourned further hearing on the case to June 4.

Court admonishes State

The Karnataka High Court on Thursday came down heavily on the State Government for not taking action on earlier orders to initiate action against officials responsible for the acquisition of land for Diamond District on Airport Road, Bangalore.

The court was initially hearing a petition by the residents of apartments of Diamond District seeking a direction to the Bruhut Bangalore Managanara Palike (BBMP) to issue “katha” to them.

The BBMP had submitted that it would not grant kathas as the apartment had not been formally registered in the name of the buyer by the builder.

During the course of the hearing, the court was told that the land on which Diamond District had come up, originally belonged to the Karnataka State Tourism Development Corporation (KSTDC) and that the land was subsequently handed over to a private entrepreneur.

Justice Rammohan Reddy had asked the State to initiate action against those responsible for the sale of the land.

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