GREENLANDS AMEERPET MADHURANAGAR YUSUFGUDA SRIKRISHNA NAGAR JOINT ACTION COMMITTEE Vs. HYDERABAD METRO RAIL LIMITED

JUDGEMENT

(1.) The 1st petitioner is the Joint Action Committee and petitioners 2 to 21 are its members. They are all residents or owners of establishments in the Krishnanagar, Yellareddyguda, and Ameerpet areas of Hyderabad. The Government of Andhra Pradesh, the 2nd respondent herein, intended to establish Metro Rail, to cater to the needs of the commuters in Hyderabad City. Studies were undertaken for several years, to identify the routes on which, the Metro Rail can be brought about. At one stage, the Delhi Metro Rail Corporation Limited is said to have been associated with the project. Ultimately, three corridors, viz., Shilparamam to Nagole, Jubilee Bus Station to Charminar and Miyapur to Chaitanyapuri were identified. The petitioners contend that one of the corridors was to pass through Jubillee Hills Check Post, L.V. Prasad Hospital, Punjagutta and Green Lands, but on account of certain reasons, it was modified in such a way, that it passes through Krishnanagar, Yousufguda and Ameerpet. According to them, there was no justification for changing the route. It is pleaded that the route so proposed, is not only technically unviable, but also would lead to demolition of vast number of structures, residential and commercial, and that public institutions would also be effected. By referring a report of the year 2003, they submit that the expert agency, which conducted a detailed survey, took the view that it is not at all feasible to take the Metro Rail between Jubillee Hills Check Post and Green Lands, and still, the project was modified only to serve the commercial needs of the operator. By making a copious reference to the orders passed by this Court in the writ petitions filed earlier, and the observations made by certain persons, who are said to have conducted a detailed study of the issue, the petitioners challenge the action of the respondents in proposing to construct Metro Rail through the route mentioned above. The statement said to have been made by the 1st respondent at a press conference is also referred to.

(2.) The 1st respondent filed a detailed counter-affidavit. It is stated that the contention of the petitioners that there existed an alignment through L.V Prasad Hospital to Punjagutta and Green Lands is incorrect. It is stated that the only route that was studied and finalized for that sector is the one, through Krishnanagar, Ellareddigua and Ameerpet. It is stated that the project is being executed in accordance with the provisions of the A.P. Municipal Tramways (Construction, Operation and Maintenance) Act, 2008 (for short 'the A.P. Tramways Act').

(3.) The 1st respondent also alleges that the material relied upon by the petitioners is not the one prepared by any technical expert, and that every care would be taken to ensure that least possible damage or effect is caused on account of the execution of the project in the said route. Objection is raised as to the very maintainability of the writ petition.