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"We're All Here To Serve Public, Why Bring Your Differences In Court?" Bombay High Court Tells Union, State In Kanjur Depot Issue
Sharmeen Hakim
7 April 2022 1:36 PM IST
The Bombay High Court on Thursday asked the Union and Maharashtra Government to "forget past conflicts and make new beginnings" regarding the stalemate on constructing the Mumbai Metro car shed at Kanjurmarg.The state government had on October 11, 2020 announced the scrapping of the car shed at Aarey Milk Colony and said the project would instead come up on land at Kanjurmarg.A division bench...
The Bombay High Court on Thursday asked the Union and Maharashtra Government to "forget past conflicts and make new beginnings" regarding the stalemate on constructing the Mumbai Metro car shed at Kanjurmarg.
The state government had on October 11, 2020 announced the scrapping of the car shed at Aarey Milk Colony and said the project would instead come up on land at Kanjurmarg.
A division bench of Chief Justice Dipankar Datta and GS Kulkarni was hearing certain interim applications against the Union government's claim, through its deputy salt commissioner, that the Kanjurmarg land belonged to the Union.
The interim applications claimed that the salt commissioner didn't own the land, and therefore the High Court stay on construction of the Mumbai Metro integrated car shed at Kanjurmarg should be lifted.
However, leaving aside ownership discussions for a moment, the Union on Thursday said there were operational issues in constructing the car shed at Kanjurmarg.
The statement was made soon after the MMRDA, that is undertaking the Metro construction, submitted that it was willing to pay whoever was finally found entitled to the land but the project should go on and stay be lifted.
"We hope that the technical issues are sorted out by June 10th, then you have to make your stand clear. After all it's our money, everyday the cost is escalating," the Chief Justice told the Union.
"We are all here to serve the public, why bring your differences in court?", the court asked.
During the hearing on Thursday, the Union had referred to a letter dated Match 17, 2022 written by the Under Secretary, Ministry of Housing and Urban Affairs to the Chief Secretary which cited a technical report of the Delhi Metro Rail Corporation (DMRC) pertaining to operational issues regarding the Kanjurmarg depot. DMRC is also appointed by MMRDA.
ASG Anil Singh said that these problems were not in public interest. "We will have to see how it will go on in the future," he said.
Senior Advocate Darius Khambata representing the State submitted that large sections of the Metro lines have been completed. "As opposed to Aarey, four lines will come here. My IA also has a payout. Whoever is entitled to the plot, I will pay the compensation."
However, on a query by the High Court, Khambata said he is yet to see the letter written to the Chief Secretary of Maharashtra.
The High Court said, "The summary of the discussion and they are talking about various operational issues. You are saying you have appointed DMRC, DMRC is saying there are operational issues." adding that technical roadblocks will have to be cleared."
In the meantime, the High Court said that private individuals may stay away for the moment till authorities take a final decision.
The court then adjourned the matter to June 10, with a hope that some headway can be made. "All parties should get together, our jurisdiction is limited....Viewed from a different angle all the matters can be solved."
The ASG then told the court that he had a detailed discussion with officers and if it is in public interest, the construction can go on.
The court said that if and when the technical issues are resolved, the Union should make its stand clear on constructing the Mumbai Metro Depot at Kanjurmarg.
Background
In a setback to the Maha Vikas Aghadi led government, the HC, on December 16, 2020 had passed an interim order, staying the October 1, 2020 order by Mumbai Suburban District Collector that transferred 102 acres of land to the Mumbai Metropolitan Region Development Authority (MMRDA) to build a Metro car shed at Kanjurmarg.
The State decided to move the Aarey Metro 3 line Depot also to Kanjur, and have an integrated depot for M3 & M6 lines at Kanjurmarg.
According to PIL petitioners Zoru Bhathena there is already a detailed technical report confirming the technical feasibility of integrating the Depots.
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