SC Allows Construction of Mass Rapid Transit System in Delhi NCR’s Forest Area

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On August 7th, the SC permitted the construction of a railway line in Delhi NCR’s Millenium Park forest area. The transit system reduces the commute between Delhi and Panipat to 45 minutes.

Brief Facts of the Case 

An advocate filed a Petition under Article 32 in the case of Dr. BL Wadehra v Union of India & Ors. This case was for managing municipal solid waste in 1944. It sought directions for MCD and NDMC for garbage collection, removal and disposal. A Bench comprising Justices Kuldip Singh and Ahmad Saghir S. dealt with the Petition. In an Order dated March 1st, 1966, SC prohibited the use of forest areas for any development work in the same case. The Directions to MCD directed them to use filled up SLFs solely for forestry. It mentioned 12 sites wherein the MCD was to undertake afforestation w.e.f. April 1st, 1996.

Plea before the Court

An application filed sought the construction of a Railway Line Viaduct. This was in a statutory forest called ‘Millenium Park’ extending over an area of 1 acre. ASG Atmaram Nandkarni debriefed the Bench on the development works taken up. These works are in the Delhi-Alwar and Delhi-Panipat corridor. These corridors form part of the mass rapid transit system for Delhi NCR.

Court’s Decision

A 3 Judge Bench heard the matter. It comprised Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramiun. The Bench followed up with the modification of the 1966 Order. The National Capital Region Transport Corporation will construct the corridor. The corridor reduces the transit time between Delhi and Panipat to 45 minutes. Furthermore, a highway will also run parallel to these corridors.


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