However, for about six years, residents welfare associations, individual land owners, a church and others from the 500 metres along the project area, stood in the way of completing the project on two grounds: First, authorities amended the original alignment thereby prejudicing the interests of landowners; Second, they invoked emergency land acquisition clause which did not require the usual proceedings such as issuing notice and hearing objections.
On Wednesday, a division bench of Justice N Paul Vasanthakumar and Justice M Sathyanarayanan, acceding to the submissions of Tamil Nadu advocate-general A L Somayaji, dismissed the entire batch of writ petitions and appeals, saying: “Deviation in alignment was necessitated and integration among rail transit systems (MRTS, CMRL, Chennai suburban and long distance trains) would clearly benefit the commuters who are residing in Chennai Metropolitan Area. It would result in reduction of traffic congestion in the metropolis as a whole. Therefore, it cannot be said that no public interest is involved.”
Noting that allegations of malafides by some officials, who allegedly acted for extraneous considerations, had been inquired into and also closed, the judges said: “Therefore, it cannot be said that the decision was actuated by malafides.” Citing the exhaustive meetings, discussions and analyses conducted by officials and experts, the bench said, “it cannot be said that without proper application of mind, deviation in alignment was mooted. The decision was also taken in public interest by taking into consideration ground realities and facts and circumstances. Expert opinion in this regard cannot be lightly interfered with.”
Earlier, Somayaji said the original alignment had to be changed because Chennai Metro Rail Project came into being on September 2, 2008. Also, a decision has been taken to integrate MRTS, CMRL rail lines with Chennai Beach to Tambaram suburban line at St Thomas Mount railway station and a further decision was also taken to terminate long distance trains there, so that the city traffic may get reduced.
Advocate-general further said that as per the old alignment 35 structures had to be demolished, whereas the new alignment required only 28 structures to be razed. The new alignment would ultimately result in optimal integration of four rail systems at St Thomas Mount, he said, adding that the emergency clause dispensing with usual acquisition proceedings had to be invoked, because all works, except those lying in the 500-metre stretch had been completed by the railways.
Before parting with the case, the judges gave a piece of their mind to the MRTS administration in maintaining its existing facilities up to Velachery. They said that huge space and buildings constructed at huge cost at existing MRTS railway stations from Chinthadripet to Velachery had not been put to good use. “There is no proper upkeep and maintenance of MRTS railway stations and Southern Railways and MRTS shall take emergent steps to maintain the railway stations cleanly, properly and keep them user-friendly.”