Bombay HC stays transfer of Kanjurmarg land to MMRDA for Mumbai Metro depot

Mumbai, India (Urban Transport News): In response to a petition filed by the Central Government, the Bombay High Court on 16th December 2020 stayed an order passed by Mumbai suburban district collector allotting 102 acres of salt pan land in Mumbai's Kanjurmarg area for the construction of an integrated Metro car shed for Mumbai Metro Line-3, 4 and 6.

A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni also restrained the concerned authorities from carrying out any construction work at the said land.

The Central Government has opposed the Maharashtra Government's decision for earmarking a piece of land to MMRDA for the constructing the car depot which was earlier planned at Aarey Milk Colony. The Central Government has filed a petition in the Bombay high court challenging the order passed by the collector on 1 October 2020 allotting the land for construction of the car shed, and said the land belongs to its salt department.

"We cannot allow the collector's order of 1 October 2020 to continue. The order has to go. We are admitting the petition and granting relief as sought by the petitioner (Union government) in prayer clauses," the court said.

In their prayer clause, the Central government had sought the court to stay the operation of the collector's order of 1 October, transferring possession of 102 acres of land to the MMRDA for construction of an integrated car shed for three Metro lines. Centre had also sought an order from the court restraining the MMRDA from carrying out any construction work on the said land.

The division bench on 14th December 2020 suggested the Maharashtra government to consider withdrawing the order passed by the collector.

Advocate Ashutosh Kumbhakoni, appearing for the state government, told the High Court that the state was ready to withdraw the order and give a fresh hearing to the Central government, but the construction work would continue at the land. He informed the court that presently soil testing works are ongoing at the site.

The bench said that when it was of the prima facie view that the collector's order transferring possession cannot continue, then how can it allow construction work to go on at the said land. Meanwhile, the court has granted a stay and admitted the petition for final hearing in February next year.

The Union government claimed the entire salt pan land in the area, including the 102 acres allotted to the MMRDA by the state government, belongs to the Centre's salt department.

The Maharashtra government recently took a decision to shift the car shed from Aarey Colony to Kanjurmarg for the construction of an integrated car shed at Kanjurmarg for Metro lines 3, 4, 4A and 6, instead of constructing separate car sheds for these lines.

For more details, please explore the Mumbai Metro page of Urban Transport News.