ADV. RICHARD RAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Six years ago, in 2019, the Kerala State Legislature found it expedient to provide for the constitution of the Metropolitan Transport Authority for the development of urban transport in the Urban Mobility Areas of the State of Kerala. Yet, till date, the Metropolitan Transport Authority for Kochi City remains only on paper. This petition seeks to address this concern.

(2.) The Kerala Metropolitan Transport Authority Act, 2019 (Act of 2019) was notified on 18/12/2019. Under Sec. 3 of the Act of 2019, the State Government empowered to establish Metropolitan Transport Authority for each Urban Mobility Area. Sec. 2(n), read with Sec. 11 of the Act of 2019, declares Urban Mobility Area as the Municipal Corporation limits of Thiruvananthapuram, Kochi, and Kozhikode and further provides that any other area can be declared as an Urban Mobility Area.

(3.) The Transport Authority constituted under Sec. 3 of the Act of 2019 is a body corporate having perpetual succession, power to enter into contracts and to acquire, hold and dispose of both immovable and movable properties. The composition of the Metropolitan Authority is provided under Sec. 3(3) of the Act of 2019. The Authority is headed by the Minister for Transport as the Chairperson. The Secretary to the State Government, Transport Department, is the Vice- Chairperson of the Authority.