Projects cannot avoid public scanner

The Environment Support Group (ESG) on Friday emphasised that the public should be consulted before the implementation of any extensions of Namma Metro, or for that matter any infrastructure project, was taken up.

Addressing mediapersons, activists of the NGO pointed out that the Karnataka high court had in a recent verdict over an ESG petition safeguarded public interest in infrastructure projects.
The ESG had filed a public interest litigation (PIL) in the high court, challenging the construction of the southern reach of Bangalore Metro on the grounds that there were gross violations of the Karnataka Town and Country Planning Act (KTCPA) 1961.

The petition highlighted how the Metro was callously disregarding public opinion by erecting Metro railway tracks that scythed through public places like parks and other properties and sought a directive to the state government to ensure that Section 14-A of the KTCPA, 1961 is followed.

After the state government assured the court that the law would be followed, the high court on November 16 disposed of the petition, stating that any violation of the assurance would invite action against officials concerned for disobeying the court and the Act.
ESG’s lawyer Sunil Dutt Yadav said, “There are clear violations of the Town Planning Act and the public should make use of the court’s order in their favour. Whenever the authorities go ahead with unscrupulous projects, the heads should be held personally accountable for such grievous injuries done to people and file contempt of court cases against them.”

“After a plan is made by the government or civic authorities, it is customary to hold public discussions over the matter and then follow a budgetary scheme, which is completely missing. The Metro gets orders signed by the cabinet and then starts bulldozing into the public land, which is legally wrong, unethical and insulting,” said Leo Saldhana, coordinator of ESG.

Other projects like road widening by the BBMP, land selling by the BDA, construction of elevated expressways or the development of airports should be undertaken by civic bodies after public consultation, the activists pointed too.

The ESG pointed out that in view of the judgment, every person, directly and indirectly affected by any infrastructure project, could now demand that such projects be developed only in strict accordance with law or else the officials involved would be hauled up for contempt of court.

The order was passed by a division bench comprising chief justice JS Khehar and justice AS Bopanna.