"Project Is In Public Interest": Calcutta HC Rejects Plea Against Metro Rail Construction By Uprooting Trees

The Calcutta High Court has denied a plea that sought to halt all construction work for a metro station to be constructed in Kolkata's Maidan area due to the alleged uprooting of around 700 trees in the area adjoining Victoria Memorial.

In that context, the Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya observed that, "it would be incorrect on the part of the petitioner to allege that there is no proper plantation programme nor there is any identification or marking of the trees etc. Thus, all the submissions made by the petitioner appears to be based on apprehension as their writ petition is fully founded on the information secured from the newspapers."

The petitioners sought to halt the construction work by Rail Vikas Nigam Limited (RVNL) and requested a review of the project by independent experts. They also wanted an expert report on the feasibility of transplanting trees. The petitioners learned from news reports that 700 trees in the Maidan area were to be transplanted, 500 trees removed for permanent structures, and an additional 200 trees transplanted for construction machinery movement.

The petitioners argued that the Kolkata Maidan is a crucial carbon sink and groundwater recharger, providing essential services to the city. They emphasized the importance of the 1200-acre open space in regulating the area's temperature. Both the Indian Army and the State Government had previously opposed a transport terminus to preserve the greenery, highlighting the Maidan's environmental, social, cultural, and economic significance.

RVNL, in their response, accused the petitioners of misleading the court and suppressing material facts to obtain an interim order. They argued that the petitioners' documents did not prove receipt of Right to Information applications by RVNL. RVNL stated they had already decided to construct an underground metro in the Maidan area, despite the higher cost, to maintain the area's ecology and skyline.

RVNL further submitted that construction near Victoria Memorial had not started due to pending approvals from defence and forest authorities, and stopping the project now would cause significant public financial losses. They had informed the Deputy Conservator of Forests about the need to transplant 946 trees for the Joka-Esplanade Metro corridor.

RVNL argued that a large number of trees had already been transplanted to compensate for tree felling in the Maidan area. They noted that previous public projects, like the Park Street Flyover and the Esplanade Metro Station, had balanced public convenience and environmental impacts. They contended that the petition was based on unfounded apprehensions and newspaper articles.

The Court observed that, "Undoubtedly the metro rail project is in public interest. Kolkata has a unique distinction of being the first city in the entire country to have the Metro Rail Project. One more unique aspect is that Kolkata is the first city where the underwater metro tunnel has been constructed and successfully being put to use. Therefore, the court has to necessary balance the public interest."

Subsequently, the Court expressed that it was fully convinced that the requisite permission has been obtained by RVNL for the purpose of transplantation/felling of trees and those permission cannot be stated to be either arbitrary or unreasonable as they are subject to certain stringent conditions.

Cause Title: People United For Better Living In Calcutta vs State of West Bengal & Ors.

Click here to read/download the Judgment