Ready for independent assessment? HC asks govt on metro project compliance

The High Court on Monday directed the Centre, state and the BMRCL to submit if they are prepared to let an agency independently assess if they complied with conditions in metro phase-1 and phase-2.

Among the conditions laid down by the Government of India was a Comprehensive Mobility Plan (CMP) and Integrated Traffic Rationalization Plan (ITRP).

A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing a PIL filed by D T Devare and Bangalore Environment Trust, seeking implementation of the project in accordance with the conditions in the Memoranda of Understanding (MoUs).

According to the petition, the conditions stipulated by the Union government through the MoUs (phase-1 in December 2010 and phase-2 in February 2017) have not been complied with.

Having perused the compliance report filed on behalf of the Union government, the bench said neither the Centre nor the state had placed any documents before it to show they had complied with the conditions.

During the hearing in February 2020, the court had recorded that prima facie there was no compliance, it pointed out.

IIT or IIM?

The court asked the respondents if they are prepared to engage agencies like the Indian Institute of Management (IIM) or the Indian Institute of Technology (IIT) for an independent assessment of the compliance issue.

“On the next date of hearing, the central government, the state government and BMRCL (Bangalore Metro Rail Corporation Limited) will make a statement before the court whether they are prepared to engage agencies like IIM or any IIT to ascertain whether all the terms and conditions in Annexure A-D (MoUs and conditions) are complied with,” the court said.

If the parties are unable to agree on this suggestion, the court will consider passing necessary orders on the next date of hearing, it added.

As per the tripartite MoUs, the state government is obligated to create an Integrated Traffic Ratio Rationalization Plan (ITRRP) and Comprehensive Mobility Plan (CMP) along with both phase-1 and phase-2. The petition claimed that despite the MoU, the authorities are continuing with the implementation of the project without following the conditions.