Bombay HC asks Maharashtra govt to consider withdrawing 'Kanjurmarg metro shed' order

The Bombay High Court on Monday asked the Maharashtra government to consider withdrawing an order passed by the Mumbai Suburban District Collector allotting 102 acres of saltpan land at Kanjurmarg for construction of a Metro car shed. The Centre and the Shiv Sena-led MVA government in Maharashtra are locked in a tussle over ownership of the land earmarked by the state for constructing the car depot which was earlier planned at Aarey Colony.

The Union government has filed a petition in the High Court challenging the October 1, 2020, order passed by the Collector allotting the land for construction of the car shed, and said the land belongs to Centre's salt department. The Maharashtra government, however, opposed the plea and said that the land, allotted to the Mumbai Metropolitan Region Development Authority (MMRDA) for the Metro car shed, is owned by the state.

On Monday, a division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni was of prime facie opinion that the Collector should give a fresh hearing to all parties concerned and settle issues related to land title ownership. "We cannot allow this order (Collectors order) to remain in force. Prima facie, we are of the view that the matter should go back to the Collector. Consider withdrawing it (the order). It is better you (the government) settle all these issues before you proceed further," the court said. Advocate General Ashutosh Kumbhakoni said he would take instructions from the state government over the suggestion following which the court posted the matter for further hearing on December 16.

READ | In big decision, Aarey Metro car shed to be moved to Mumbai's Kanjurmarg

The erstwhile BJP-led government had decided to construct the car shed, part of Mumbai Metro line 3, at Aarey Colony despite opposition from environmentalists and activists who campaigned against cutting of a large number of trees for the project.The present Maha Vikas Aghadi (MVA) government, led by the Shiv Sena and supported by the NCP and the Congress, on assuming office in November last year, decided to shift the car shed from Aarey Colony to Kanjurmarg. 

READ | Fadnavis Cries Foul Over Aarey Forest Decision, Continues To Oppose Shifting Of Car Shed

Fadnavis Cries Foul Over Aarey Forest Decision

Ex-CM Devendra Fadnavis had hinted that shifting of car shed was a coverup to usurp the land of private individuals. According to him, the delineation process was difficult owing to the presence of Adivasi padas and government property in the area. The BJP leader had contended that the step by Uddhav government to shift car shed to Kanjurmarg would escalate the cost of the project. He alleged that the Uddhav Thackeray-led government's move was an attempt to deprive Mumbaikars of the Metro. Additionally, Fadnavis claimed that vested interests were involved. 

READ | 10 farmer leaders associated with AIKCC meet Tomar; throw weight behind agrarian laws

Devendra Fadnavis had remarked, "There are many difficulties. Delineation has to be done for creating a forest. Continuity is not possible because there are Adivasi padas and government property in the area. The High Court, Green Tribunal, and Supreme Court have given permission for the Metro car shed to be constructed. It is not appropriate to move the car shed away from this area. This will lead to delays and escalate the cost of the project. This cost will be recovered from the Metro commuters."

"If this is coverup to usurp the land of private individuals, then this is not correct. This is an attempt to deprive Mumbaikars of the Metro. The decision to shift the Metro car shed has been taken owing to vested interests," he had added. 

READ | Fadnavis 'exposes' MVA govt's Aarey carshed shifting; says 'project delayed by 4.5 yrs'