Delhi HC Rejects Residents' Concern Over Rapid Rail Project Passing Through Their Colony, Says Public Interest Above Individual Property Rights

The Delhi High Court on Friday rejected the concerns raised by certain residents from whose area a rapid metro rail would pass, observing that overarching public interest must take precedence over individual property rights.

The project in question is the Delhi-Meerut Regional Rapid Transport System, a semi-high-speed rail corridor, which will connect the cities of Delhi, Ghaziabad, and Meerut 

“Public interest stands at the forefront of this project, given its significant benefits such as reducing air pollution, alleviating traffic congestion, and offering a more efficient transportation system. Additionally, the project promises substantial environmental benefits, as indicated by the Detailed Project Report, including significant reductions in annual emission rates of particulate matter, nitrogen oxide, hydrocarbons, and carbon monoxide,” a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said.

The project is one of the three rapid rail corridors planned under Phase I of the RapidX project managed by the National Capital Region Transport Corporation (NCRTC).

The bench was hearing a PIL moved by residents of Siddhartha Extension Resident Welfare Association and Senior Citizens Welfare Forum aggrieved by the decision-making process surrounding the route alignment of the project.

They submitted that the initial plan did not include Siddhartha Extension in the project alignment. The NCRTC unilaterally altered the same to include a viaduct that would pass directly through Siddhartha Extension, connecting the stabling yard at Jangpura.

It was their case that the decision of the authorities to abandon the initial route plan in favour of an alternate route was arbitrary and posed adverse consequences for the well-being and quality of their lives. Petitioners also invoked Article 300A of the Constitution to assert that they have a protected legal right to their properties. 

Disposing of the matter, the bench observed that the project received government approval in March 2019, with a total project cost of approximately Rs. 30,270 crores and that the construction work, which commenced in June 2019, has been progressing on schedule.

“Moreover, the RRTS is expected to contribute significantly to reducing pollution levels by augmenting the modal public transportation share, thereby decreasing the number of vehicles on the roads. Additionally, the efficient electric operation of the RRTS will further reduce both air and noise pollution,” the court said.

The bench observed that NCRTC’s decision to forego the initial plan was anchored in “valid technical and social considerations” and thus, chosen alignment was not an arbitrary decision, but was “steeped in technical viability, cost-efficiency, and broader societal gains.”

“Thus, in the act of balancing individual property rights and overarching public interest, the latter must take precedence. The scale tips in favour of a solution that serves the larger community, and ensures the most efficient use of public resources,” the court said.

Furthermore, the bench also said that the NCRTC has strategically planned allocation of resources to expedite the completion of the project as swiftly as possible.

“These are not merely preventive measures, but a proactive strategy aimed at safeguarding the general public from construction-related hazards. In sum, these measures demonstrate NCRTC’s conscientious approach to balancing the imperatives of public infrastructure development with the everyday lives and concerns of affected residents,” the court said.

Citation: 2023 LiveLaw (Del) 835