Delhi HC dismisses plea against double-decker Delhi Metro plan

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Delhi High Court on Monday dismissed a plea alleging serious and basic inherent defects in the project of Delhi Metro Rail Corporation’s double-decker viaduct project on the pink line in North East Delhi.

The plea had stated that if the project is allowed to be executed, it would create havoc and result in the cutting of thousands of 50-70 years old trees. A bench of Justice DN Patel and Justice Jyoti Singh on Monday said it found no sufficient ground to revive the disposed-off matter. The Bench also noted the DMRC counsel’s submission that the authorities have already rejected the representation made in this regard.

The court had earlier directed the authorities concerned to treat the petition as representation and decide it in accordance with the rule, law, and government policy as expeditiously.

The plea was filed by SD Windlesh, advocate in person, and Jain Arogya Naturocare Welfare Society.

The petitioner said that the implementation of such a badly designed and technologically poor project shall not only ruin thousands of crores of public money but also will be inconvenient to the public and create traffic problems forever if the said project is not modified or reviewed.

“The proposed plan of the extended pink line on road no. 59 is the most defective piece of modern technology/architect /design which will prove nuisance to more than 20 lakh population of this area most of which belongs to poor strata and poor people are cycling to their place of work and will have to climb up and down not once but six times in order to cross 7 kms of road no.59,” the petition read.

“Instead of solving traffic problem by providing 100 percent extra traffic space by constructing one dedicated corridor at first level dedicated for traffic, the proposed architect wants to construct two more flyovers besides four existing flyover on road no. 59 of about 6-7 kms length,” it read.

The petitioner had urged Delhi High Court to direct the respondents to file a copy in the court of all the projects with or without flyover at Yamuna Vihar (for extending the Metro Pink Line over Road No. 59 from Babarpur Maujpur Metro Station to Khajoori Metro Station) placed before the Unified Traffic and Transportation Infrastructure Centre (UTTUPEC) for approval.

The petitioner has also sought direction from the respondents to file a copy of the minutes of the various meetings of UTTIPEC held in this regard for approving the present project amongst all the projects submitted for approval of UTTIPEC in this regard.

The petitioner had also sought to direct the respondents to prepare a fresh plan of the double corridor route being constructed on road No. 59 by connecting Gokulpuri Flyover with Khajoori flyover by an elevated corridor at the first level dedicating the same exclusively for traffic purposes and constructing metro line on the second elevated corridor on the second level instead of constructing another flyover at Yamuna Vihar between the two existing flyovers and place the same before UTTIPEC if not placed earlier for approval.

The petitioner also sought direction to the respondents to file in the court the total area of green land in sq meters taken over by DMRC for the project and the detailed list of trees cut and transplanted, place of transplantation and not to further encroach upon this 1.6 kms long open green belt till the pendency of the writ as this green land was reserved by DDA as parks at the time of developing Yamuna Vihar Residential Colony in 1974 and served as lung space for more than 20 lac people residing in a concrete jungle, as the same is not required had the respondents planned the project properly.

The petitioner also sought direction from the respondents to provide details of the cost factor involved in joining Khajoori Flyover with Gokulpuri through elevated corridors.