A division bench of Calcutta High Court on Friday asked the Rail Vikas Nigam Limited (RVNL) to not “uproot” or “retransplant” any tree “as of now” and declined to stay an earlier order by a vacation bench that asked the central agency to not fell any Maidan tree for the Joka -Esplanade Metro corridor.
The bench headed by the Chief Justice was hearing a PIL that claims that 700 trees will be felled for the construction of the Victoria station of the Joka-Esplanade Metro. The petition, by the NGO, People United for Better Living in Calcutta (PUBLIC), mentioned that the railways had already cordoned off the area.
The PIL was first heard by a vacation bench on October 26 when the bench ordered an interim stay on uprooting trees on the Maidan.
On Friday, Chief Justice Sivagnanam referred to the vacation bench’s order and said that the court did not put any injunction on the project “but a limited injunction on the uprooting of trees”.
“The RVNL, as of now, cannot uproot or retransplant any tree as appropriate permission from appropriate authority is yet to be obtained,” the Chief Justice said.
The RVNL, the implementing agency of the 15km Joka-Esplanade Metro corridor.
The court also asked the state government, the Union ministry of environment, forests and climate change, and the army to file affidavits on the matter by December 7. The case will be heard again on December 19.
The division bench told the RVNL lawyer that the Metro railway project was very important but a balance between development and environment had to be struck.
“We are very conscious of the fact that the project conceived, developed and to be implemented by you is of public interest,” the Chief Justice said. “The Metro is required, without a doubt. Tram services are skeletal and bus services are not adequate. Metro railway is not a luxury, it is a necessity. You have to strike a balance,” he said.
The division bench also said the Maidan was the lungs of the city and should be protected. “The Eden Gardens, the football grounds, they are all lung spaces and should be protected,” he said.
The Victoria station is part of the underground section of the Joka-Esplanade Metro corridor. The 5km underground section starts at Kidderpore and terminates at Esplanade.
Trains on this line now run between Joka and Taratala. The Metro railway had promised to run trains till Majerhat by Puja, but the deadline has been missed.
The lawyer for the RVNL told the court that they were yet to remove any tree because the necessary permission had yet to come.
The RVNL lawyer also told the court that an impression has been created among people that the high court had stalled the construction work.
In response to that contention, the bench said that every action can create an “impression” but the court had never stalled or stopped the
project.
The bench also said that the opinion of the commanding officer of Bengal area of the army was crucial since any work on the Maidan needs permission from them.