Synopsis: The Government of Maharashtra announced the development of the car shed for the metro rail project at Kanjurmarg instead of Aarey.
The Central Government moved to the Bombay High Court challenging an order granting land at Kanjurmarg to the Mumbai Metropolitan Region Development Authority (MMRDA), for the construction of a Metro Car Shed under the Mumbai Metro Rail project, instead of using land in the colony of Aarey.
To this end, an order released by the Collector of the Mumbai Suburban District dated 1st October, 2020, was challenged. The Centre has asserted that the land transferred is the property of the Government of India and even made a reference to 102 acres of land situated in Kanjur village.
It is claimed that the property was not in the hands of either the state government or the collector. The transfer was therefore illegal, the Centre asserts.
On Friday, the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni briefly heard arguments in the case and asked the State and the MMRDA to explain their stand by next week when the Court will hear the matter on the grant of interim relief.
The Centre states that as part of the Metro Line 6 project, the MMRDA had previously applied for the transfer of the land located at Survey No. 275 (pt) in Kanjur for the construction of a Metro Car Shed and the government had started the process of transferring the land.
It is subsequently claimed that on 1st October 2020, the collector unilaterally and suddenly transferred 102 acres of that portion of the land to MMRDA, which is questioned in the present petition.
Through the plea, the Centre submitted that the State and the MMRDA were working in collusion in order to prevent payment of the market value of the land and that the Central Government’s exchequer had subsequently suffered a serious loss.
The Centre notes that it was only after officials of the MMRDA and DMRCL had started soil testing on the subject land that it noticed the illegality of the State and MMRDA.
Thereafter, the Central Government expressed their objection with the Mumbai Collector. However such objections were reportedly refuted by the collector.
The Department for the Promotion of Industry and Internal Trade of the Centre also wrote to the government of Maharashtra objecting to the development of the Kanjurmarg car shed.
Reportedly, the State Government agreed to respond to the letter claiming that all due diligence had been carried out prior to the transfer of the land to MMRDA.
For the Central Government, Additional Solicitor General Anil Singh appeared. For the State Government, Advocate General AA Kumbhakoni appeared. On behalf of the MMRDA, Advocate Saket Mone (Vidhii Partners) appeared.
On December 4, 2020, the matter is likely to be listed for a hearing on interim relief.
The Metro Car Shed was initially planned to be built last year at Aarey Colony, which triggered widespread outrage and petitions before the Supreme Court and the Bombay High Court. After the government of the Shiv Sena came into power later that year, 800 acres of the Aarey area were declared a reserved forest and the State instead decided to build the Car Shed at Kanjurmarg.