The petitioners have alleged that the alignment of the Metro corridor affected their properties. They also challenged the execution of the project for being “violative of statutory provisions”.
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HC dismisses pleas challenging construction of Metro 4, says no error in alignment and land acquisition process
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The Bombay High Court on Thursday dismissed two pleas challenging the construction of Metro Line 4 on grounds that it could not find any error in the Maharashtra government and the Mumbai Metropolitan Region Development Authority (MMRDA) finalising the alignment of the corridor, executing the work and acquiring land for the project.
Metro 4 (Wadala to Kasarvadavali) is a 32.32-km elevated corridor, connecting Mumbai and Thane with 30 stations.
Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne were hearing the pleas filed by Indo Nippon Chemical Company Limited and Shree Yashwant Co-operative Housing Society Limited from Ghatkopar (East).
The petitioners have alleged that the alignment of the Metro corridor affected their properties. They also challenged the execution of the project for being “violative of statutory provisions”.
Indo Nippon, through senior advocate M M Vashi, told HC that the company owns 7332.5 sq m of land in Ghatkopar, of which 2,025 sq m – 27 per cent of the plot – have been affected by the alignment of the project. The company claimed that alignment would affect its commercial operations on the plot where it operates a commercial building, two godowns and a ready-mix cement plant. Livelihood of more than 200 employees depends on its operations, it added. Indo Nippon challenged the March 23, 2017, notification of the Union government that added Metro 4 alignment in the Schedule-II of Metro Act, 1978, as well the government resolution (GR) of October 25, 2016, by which the state had granted approval to the execution of the project.
Yashwant Society, through advocate Vaibhav M Parshurami, told HC that piers would be constructed for the project on the footpath adjacent to its property. It claimed that the alignment at Goradia Nagar junction was deliberately changed by MMRDA and sought restoration of the original alignment.
Advocate General Birendra Saraf and lawyer Akshay Shinde, representing MMRDA and the state government, questioned the locus standi of the petitioners. The government said that all statutory provisions were complied with while finalising the alignment of the project. The court, dismissing the pleas, clarified that the
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companies are entitled for lawful compensation. It held, “Writ petitions filed by petitioners are devoid of merits and deserve to be dismissed.”
Observing that “the work is of public nature”, the court refused to grant a stay on the operation of its judgment.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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