Nagpur: The Nagpur Bench of Bombay High Court took on record the statement of Project Director, Maharashtra Metro Rail Corporation Limited (MMRCL), about stopping construction of the subway at Zero Mile Metro Station in Nagpur.
During hearing of suo motu PIL about the proposed subway across NH No 7 passing through Morris College Square, Justice Nitin Sambre and Justice Abhay Mantri,had directed the counsel for the respondent-MMRCL to remove the barricades and not to execute the project without obtaining appropriate permission.
The issue in the case relates to permission for felling trees, during execution of the said project for which funds have been sanctioned under Central Road Fund. It also appears that before the permission could be obtained for felling trees, the Project Director has already floated the tender and awarded the contract.
In the communication issued by the Executive Engineer, NH Division, Nagpur, it was mentioned that the provisional approval was granted. It speaks of the need for Maha Metro to obtain necessary traffic diversion permission from the Collector, Nagpur. Project Director Rajiv Tyagi did not comply with these legal requirements and still awarded tender and also violated the provisions of Motor Vehicles Act, by not approaching the Collector for taking permission.
The High Court did not appreciate the fact that the Project Director awarded the tender without securing permission for felling trees from the Tree Authority. The Court has sought an affidavit duly sworn in by the MD, Maha Metro, in any case by June 10 next to explain as to why these legal requirements were not complied with. The PIL will be before the HC on June10,2024.
Advocate KP Mahalle is Amicus Curiae in the case. AGP Nitin Rao, Advocate Jemini Kasat and UB Dable represented the respondents.
