A Ghatkopar-based company, Indo Nippon Chemical Co Ltd, has moved the Bombay High Court, claiming it was directly affected by the change in alignment of Metro 4, running from Wadala to Kasarvadavli, and its influence zone.
In the last hearing, Advocate General A A Kumbhakoni had appeared for the respondent. Acting Chief Justice Naresh H Patil and Justice G S Kulkarni are likely to hear the matter on October 15.
In the petition filed through lawyer Aparna Devkar, the company is seeking direction to restrain the Mumbai Metro Rail Corporation Limited (MMRCL) from taking any further steps over the land of the petitioner for the Metro 4 project. The petitioner has said about 27 per cent of its plot was affected by the alignment of Metro 4.
The petitioner had received a letter, dated September 21, from the chief civil engineer (Metro) that its team should be allowed to carry out preliminary activities on its premises.
Terming the deviation illegal and bad in law, the petitioner said it has learnt that originally the elevated route of the Metro line was published in 2015 in the Draft Development Plan (DP) 2034. The same was passing along LBS Marg, connecting the Ghatkopar Metro station and the Ghatkopar central railway station, it said, adding that the route was retained in the Revised Draft Development Plan up to 2034 published in 2016. Even the Sanctioned DP up to 2034, published in 2018, retains the original route of Metro 4, more particularly when it is crossing over from Ghatkopar (East) to Ghatkopar (West) along LBS Marg, it states. The petitioner states that “the proposed route of Metro 4 as per the impugned notification dated March 23, 2017 is not in sync with the Draft DP up to 2034 published in 2015, 2016 as well as the Sanctioned DP of 2034”. The deviation from the original alignment is illegal, bad in law, it states.
The petitioner further argues that it owns a plot of land measuring 7,332.50 sqm in Ghatkopar village, of which land measuring 2,025 sqm is directly affected by the change in alignment of Metro 4 and its influence zone.
The petitioner states that a commercial building, two huge godowns as well as a ready mix cement plant along with two huge pits exist on its land in Ghatkopar. “There are more than 200 employees working on the said plot of land… the change in alignment will make the said plot inhabitable and will directly affect the right of the petitioner to carry on trade and business as well its right to property,” the petition argues.