Kerala High Court stays NGT order on Water Metro terminal

Kerala High Court stays NGT order on Water Metro terminal

The Kerala High Court has stayed an order of the National Green Tribunal (NGT) appointing a joint committee to study the construction of the High Court Terminal of the Kochi Water Metro project, said a press release from Kochi Metro Rail Limited (KMRL).

A Bench comprising Justice N. Nagaresh on April 8 stayed the interim order passed by the NGT’s Chennai Bench, appointing a joint committee to ascertain and report the alleged environmental violations in the construction of the terminal. The High Court order was passed on a writ petition filed by the metro agency that challenged the interim order of the NGT as “improper and illegal”.

A resident of Ashoka Apartment near the High Court who approached the NGT had earlier filed a Public Interest Litigation (PIL) before the High Court of Kerala, raising similar allegations. This was disposed of by a Division Bench headed by the Chief Justice, observing that KMRL had obtained necessary environmental clearances.

The petitioner challenged the judgment of the Division Bench of the High Court before the Supreme Court through a Special Leave Petition, which was dismissed by the Supreme Court, affirming the judgment of the High Court. Later, he approached the NGT, (allegedly) concealing the fact of filing of SLP and the order passed by the Supreme Court against him, thus obtaining the interim order from NGT.

It was contended that the NGT did not have locus standi to entertain a matter that was covered under the judgment of the Division Bench of the High Court which was affirmed by the Supreme Court, nor can the NGT interdict the operation of an order passed by the High Court. Taking serious note of the (alleged) suppression of material facts by the petitioner before the NGT, the High Court stayed the interim order passed by the tribunal. The court also ordered notice to the parties concerned and posted the matter after summer vacation.

This is the third round of litigation pertaining to the construction of the High Court terminal of the Water Metro. Earlier in 2020, another resident of the apartment had approached the High Court, alleging that the terminal, on completion, would deprive residents of the apartment of proper air and light, which was dismissed by the High Court.

Fort Kochi terminal

In the meantime, the Kochi Corporation, in its reply to an RTI query filed by former Mayor K.J. Sohan, said that the sketch and plan of the terminal and the adjacent building that are under construction in Fort Kochi as part of the Water Metro project, have not been submitted to the civic agency.

“A similar situation prevails as regards the construction of many other Water Metro terminals. I will petition the Chief Minister, seeking action against the officials concerned,” Mr. Sohan said.

KMRL sources cited a government gazette notification dated December 2019, which exempted the agency from submitting sketch and plan before the respective civic agency, since operational constructions pertaining to the Water Metro are a service, whose operation, maintenance, development, and execution are essential to the life of the community.