JUDGMENT :

(Sandeep V. Marne, J.)

1. Rule. Rule made returnable forthwith. With the consent of the parties, petitions are taken up for final hearing.

THE CHALLENGE:-

2. Petitioners in these two petitions are aggrieved by alignment of Metro Railway Line No.4 since the same affects their properties. The challenge however is not restricted to the extent of alignment affecting Petitioners’ properties, but the entire execution and implementation of Metro Line No. 4 is challenged as being violative of the statutory provisions. Petitioners in Writ Petition No.2820 of 2018 have accordingly sought directions to restrain the respondents from implementing Metro Line No.4 Project and /or taking over its land. Notification dated 23rd March 2017 and Government Resolution dated 30th June 2018 approving alignment of Metro Line-4 and appointing implementing agency are challenged in Writ Petition No.2820 of 2018. By amending the petition notifications dated 25th October 2019, 27th January 2022, 16th February 2022 and corrigendum dated 7th March 2022 initiating land acquisition proceedings are also challenged. In Writ Petition No.1898 of 2019, revision in alignment of Metro Railway Line-4 effected on 27th February 2019 is challenged and direction is sought to restore the original alignment by not constructing any pier on the land or opposite the main entrance of premises of petitioner society. For convenience purpose, Petitioner in Writ Petition No.2820 of 2018 is referred in the Judgment as Petitioner-Indo Nippon and Petitioner in Writ Petition No.1898 of 2019 is referred as Petitioner-Yashwant Society.

3. Petitions challenge execution of work of construction of Metro Line No. 4 (ML-4) in city of Mumbai. ML-4 is 32.32 km elevated metro corridor from Wadala to Kasarvadavali with 30 stations offering connectivity between Mumbai and Thane.

FACTS :-

4. Brief facts of the case as captured from various pleadings filed by the parties are that in May 2004, Mumbai Metropolitan Region Development Authority (MMRDA) prepared Mumbai Metro Rail Master Plan for Mumbai Metropolitan city with 09 proposed metro corridors including ML4. The alignment of ML4 in the master plan was alongside Eastern Express Highway. On 10th October 2009, the Central Government declared that the provisions of Metro Railways (Construction of Works) Act, 1978 (Metro Act 1978) shall apply to the city of Mumbai. MMRDA entered into agreement with Delhi Metro Railway Corporation (DMRC) for modifying the earlier master plan and also for preparation of detailed project report for all metro lines to be constructed in Mumbai. In the meantime, the master plan earlier prepared by MMRDA was forwarded to respondent No.2 – Municipal Corporation of Greater Mumbai (MCGM). In the Draft Development Plan – 2034 published by MCGM vide notification dated 25th February 2015, the tentative alignment of ML4 was shown with a caveat that the alignment would be subject to finalization from various departments. However, on 29th April 2016 MMRDA requested MCGM to delete tentative alignment of ML4 shown in the draft development plan as DMRC was working on ML4 alignment. The DMRC submitted final Detailed Project Report of ML4 to MMRDA in May 2016. The property of petitioner-Indo Nippon was affected by alignment of ML4 as per the said DPR. MMRDA approved DPR prepared by DMRC on 30th June 2016.

5. The Government of Maharashtra issued Government Resolution dated 25th October 2016 appointing MMRDA as the Project Implementing Agency inter alia for ML4. By that resolution, the alignment of ML4 was also approved by the State Government. In November 2016, MMRDA published ML4 alignment including its influence zones on its website. The alignment so published showed that the land of Petitioner-Indo Nippon was affected. On 29th December 2016, MMRDA issued public notice in local newspapers informing the interested persons to join public consultation scheduled to be held on 16th January 2017 regarding ML4 project. In the public c