Delhi HC Refuses To Entertain Plea Alleging Defects In Double Decker Viaduct Metro Project

The Delhi High Court Monday refused to entertain a plea claiming inaction by the authorities in relation to certain alleged defects in the double decker viaduct metro rail project in northeast Delhi.

A bench of Chief Justice D N Patel noted that the application formed part of a plea which was earlier disposed of with a direction to the authorities concerned to look into the alleged concerns and the petitioner was thus free to prefer a plea for contempt in case of a grievance. The bench, also comprising Justice Jyoti Singh, said that it would not revive the proceedings in the case and dismissed the application.

In September, the high court had directed the Delhi government to consider as representation the petition, filed by advocate S D Windlesh and Jain Arogya Naturocare Welfare Society, in accordance with rule, law and government policy as expeditiously as possible. The petition had alleged defects in the project of double decker viaduct pink line of Delhi Metro Rail Corporation (DMRC) in northeast Delhi on the ground that it will lead to cutting of thousands of trees and inconvenience to people.

"It appears that the project has already been approved by the concerned respondents. Keeping in view the nature and importance of the project, we direct the respondent no. 2 (Delhi government) and such other responsible respondents to decide the representation in accordance with rule, law and government policy as expeditiously as possible,” the court had said while disposing of the petition.

The petition had alleged that there were serious and basic inherent defects in the project on road no. 59 and if it is allowed to be executed, the project will create havoc and lead to cutting of thousands of 50-70-year-old trees. According to the plan, the double decker viaduct will have metro tracks on the upper deck and a flyover for vehicular traffic beneath on a 1.4 km-stretch between the Yamuna Vihar and Bhajanpura stations.

The petitioner had alleged that implementation of such a badly designed and technologically poor project shall not only ruin thousands of crores of public money but would also be inconvenient to the public and create traffic problems forever if the 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 km of road no.59,” it had said. 

-With PTI Inputs