Kolkata metro project: No trees to be felled or transplanted till next date of hearing: Supreme Court

New Delhi: The Supreme Court on Friday directed that no trees would be felled or transplanted from now onwards for the metro rail project in the maidan area adjoining the iconic Victoria Memoria in Kolkata.

A bench of Justices B R Gavai and K V Viswanathan issued notices to the West Bengal government, the Rail Vikas Nigam Limited (RVNL) and others seeking their responses on a plea challenging the June 20 verdict of the Calcutta High Court.

The high court had dismissed a petition seeking a direction to forthwith stop all metro construction in the maidan area due to alleged felling and transplantation of a large number of trees.

"Till the next date, we direct that no new trees would be felled or transplanted," the bench said and posted the matter for hearing after three weeks.

"You can continue with the work but don't fell trees from today," the bench told the counsel appearing for the RVNL.

The counsel appearing for petitioner 'People United For Better Living in Kolkata (PUBLIC)' told the bench that the maidan area was extremely important for the city.

He said the route chosen for the metro project goes through maidan area and a number of trees would be felled or transplanted for it.

"We perceive that a large number of trees will be felled," the petitioner's counsel said, adding, "let them (authorities) come up with a plan for these trees".

The bench asked the counsel appearing for the RVNL to show it how the trees will be transplanted.

"Issue notice, returnable in three weeks," the bench said.

It further said, "In the meantime, don't proceed with felling of trees." The plea filed in the high court had prayed for an order to stop the construction of the Joka-Esplanade metro project in the maidan area adjoining the Victoria Memorial.

The Joka-Esplanade metro project is partially operational between Joka and Majerhat stations in the south-western suburbs of Kolkata. Completion of the project will provide an important and time-saving connectivity option to people from these places to the heart of the city.

The 16.7-km Joka-Esplanade metro project will have a 5.05-km underground stretch from Khidirpur to Esplanade, an official had earlier said.

The plea before the high court had also sought directions to the metro authorities to call for a review of the proposed project by independent experts in urban system and transport planning and also for setting up an expert committee to examine and submit a report on feasibility of transplanting the trees.

It had also urged the high court to prohibit the authorities from proceedings with the plan to set up the Victoria metro station.

In its verdict, the high court had noted that the petitioner had contended that from news reports, they came to understand that 700 trees in maidan area were to be transplanted, 500 trees would have to be removed to make way for permanent structures and additionally, 200 trees would be transplanted to allow movement of trailers and construction machineries like trains etc.

"Undoubtedly the metro rail project is in public interest. Kolkata has a unique distinction of being the first city in the entire country to have the metro rail project. One more unique aspect is that Kolkata is the first city where the underwater metro tunnel has been constructed and successfully being put to use," the high court had noted.

"Therefore, the court has to necessary balance the public interest. We are fully conscious of the need to protect ecology and environment," it had said.

The high court had said it was fully convinced that requisite permission was obtained by the RVNL for the purpose of transplantation/felling of trees and those permission cannot be stated to be either arbitrary or unreasonable as they were subject to certain stringent conditions.

It had said the petitioner had not made out any case to interfere with the implementation of the project in question. The high court had permitted the RVNL to proceed with the project.