'Metro Rail Caters To Millions, Reduces Carbon Emissions' : Supreme Court Refuses To Interfere With DMRC Phase-IV Metro Work

Recently, the Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer.

The bench of Justice B.R. Gavai and Justice Vikram Nath said that, “No doubt that the concern for the environment is an important aspect. However, at the same time, developmental works like the metro rail, which will cater to millions of people and also reduce carbon emissions, inasmuch as the number of vehicles on the road would be reduced, cannot be ignored.”

The court was hearing the writ petition filed raising concerns about the adverse impact on the environment caused by the Metro Phase IV expansion project of the Delhi Metro Rail Corporation (DMRC).

The counsel for petitioner Rajiv Dutta submitted that the DMRC, while planning Phase IV, had acted negligently. It was argued that there was no policy in place regarding whether Phase IV should be underground or above ground.

The counsel also submitted that the various areas of land in the Morphological Ridge have been diverted for non-forest purposes.

On the other hand, Tarun Johri, on the contrary, submitted that the planning of various phases cannot be static; instead, it has to be dynamic.

He submitted that the question of whether the line should go underground or above ground has to be taken into consideration after looking at various relevant factors. He submitted that the lack of an appropriate policy has also been highlighted by the Comptroller and Auditor General (CAG) in his report.

The entire area of the Ridge, measuring 22 km. is protected, as the Metro line extending to 18 km. is underground, the counsel told.

The counsel pointed out that the project is in an advanced stage.

It was informed to the Court that more than 30% of the work has already been completed and it is scheduled to be commissioned in the year 2025.

After hearing the parties, the Court opined that any interference at this stage, apart from stalling the project, would also result in a huge escalation of its cost, causing a loss to the public exchequer.

Regarding the grievance with regard to the felling of trees, the Court found that even in the notification issued under Section 29 of the Act, a provision had been made for compensatory afforestation.

The Court noted that, “As against the number of trees to be felled and number of trees to be transplanted, the trees in multiples of ten are required to be planted.Not only that, the Compensatory Afforestation Fund is also required to be deposited while issuing such a notification.”

The Apex Court observed that, undoubtedly, protecting the environment is an important factor to consider. Nevertheless, it is equally important not to ignore developmental projects such as the metro rail, which would benefit millions of people and also decrease carbon emissions by reducing the number of vehicles on the road.

In light of the above the Court dismissed the petition.

The Court also asked the DMRC to be careful in future and take note of the concern expressed by the CAG, while planning the further phases. 

Case Tile: In re : Delhi Metro Rail Corporation (DMRC)

Citation : 2023 LiveLaw (SC) 363

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