SUBHAS DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Public Interest Litigation whereby the Petitioner has prayed that by a writ of Mandamus the Respondents or their agents should be restrained from extending the project of Metro Rail through the river bed of Adi Ganga in any manner and to recall and rescind the project of extension of Metro Rail. Petitioner alleged that he is a Social Worker and environment activist. Therefore he has filed this petition for protection of the environment. It is alleged that the Green Bench of this Court has already passed an order of cleaning of Adi Ganga and also directed to implement the Scheme for improvement of the river Adi Ganga. It is alleged that Petitioner has come to know that the extension project of Metro Railway from Tollygunge to Garia has now started and substantial part of Metro Rail will be laid on Adi Ganga by constructing pillars at the middle of the river. It is alleged that on account of construction of pillars in the river bed the entire stretching from Tollygung to Garia about 6 Kilometre will be covered by pillars. It is alleged that on the one hand the State Government has already implemented a Scheme for cleaning, dredging and removing the encroachments from Adi Ganga by spending Rs. 35.51 Crores and on the other hand a permanent construction are being created by the Central Government Agency that is Metro Rail Authority by constructing pillars at the middle of the river for the entire stretching from Tollygunge to Garia. It is alleged that the construction of these pillars will be highly detrimental to the free flow of the water in this river. Therefore being inspired by the bonafide intention to maintain the environment and not to interfere with the free flow of water in river Adi Ganga the petitioner has filed this petition. It is also submitted that Adi Ganga carries a high degree of cultural and religious heritage of Calcutta/West Bengal/Hinduism. Therefore it is a sacred duty of all citizens to save this from being polluted.

(2.) In the written submission also the petitioner has repeated more or less what he has said in the writ petition and he has tried to highlight that in this new millennium it is the duty of all the citizens of the World to maintain ecology. It is submitted that the concept of sustainable development has been come to be known for the first time in the Stockholm Declaration of 1972 and thereafter this concept has been given a definite shape by World Commission on Environment and Development in its Report called 'Our Common Future". It is pointed out that the salient principles of "Sustainable Development" are the Inter Generational Equity, use and Conservation of Natural Resources, Environmental Protection, the Precautionary Principle, Polluter Pays Principle, Obligation to assist and Cooperate, Eradication of Poverty and Financial Assistance to the developing countries. It is also pointed out that the environmental measures mean that the State Government and the statutory authorities must anticipate, prevent and attack the causes of environmental degradation. Therefore the whole attempt of the petitioner with reference to the various National and International documents is to show that the Metro Rail should be prevented from tampering with the free flow of the water in sacred and religious river Adi Ganga. An affidavit-in-opposition was filed by the Respondent Metro Railway and they have pointed out that the Metro Railway started the construction activities relating to extension project along the Central line of the Tolly Nala only after obtaining permission from the State Government. It is submitted that this extension of the Metro Railway will be highly beneficial to the people of Calcutta. It will also connect Eastern Railway at Garia and will bring South 24-Parganas closer to Calcutta Central Business District. This will also reduce enormous pressure of Sealdah South Subarban Section. It is also pointed out that this extension was sanctioned at a cost of Rs. 696 Crores in the year 1999-2000. The section will be on the elevated structure and the alignment will run along the Tolly Nala to the extent of 8.45 K.M. with six stations. The full project will be most useful project for the benefit of the public at large. It is also pointed out that all technical redressal had been addressed to avoid silting of the nullah as well as to ensure feasibility of future dredging. It is also pointed out that the Metro Railway has agreed to the proposal of extra-widening and lining of the nullah as proposed by the Irrigation Department. It is also pointed out that the Metro Railway has engaged M/s M.N. Dastur and Company Ltd. for carrying out environment Impact Assessment in connection with the extension. It is also pointed out that the Chief Engineer, Metro Railways has issued a clarification that they will not disturb a huge thickly populated residential area on either side of the Tolly nullah and the proposal to run the train through the Tolly's nullah has been accepted. It is also pointed out that the provisions of the Environment Act is not applicable to the construction of the Railway Project.

(3.) We have heard learned counsel for the parties at length. After going through the matter we are of the opinion that in the present state of legal position which we shall advert to herein-after it would not be possible to interfere in this Public Interest Litigation. In this connection our attention was invited to section 11 of the Railways Act, 1989. Section 11 of the Railways Act reads thus: