The main legal point established in the judgment is that the proposed rerouting of the electric transmitting cables for the Metro project was a one-time non-forestry activity that benefited the public and the environment, and was not prohibited by the earlier court order.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to consider the application in online portal PARIVESH-II dated 09.01.2023 submitted by the 2nd respondent seeking approval for rerouting of existing 230 KV feeders vide proposal No.FP/TN/TRANS/41326/2023 for facilitating construction of elevated corridor of Metro project (Phase-II), within a time limit.)

A writ of mandamus has been instituted by the Chennai Metro Rail Limited, to direct the 3rd respondent to consider the application in online portal PARIVESH-II dated 09.01.2023, submitted by the 2nd respondent seeking approval for rerouting of existing 230 KV feeders vide proposal No.FP/TN/TRANS/41326/2023, for facilitating construction of elevated corridor of Metro project (Phase-II), within a time limit to be stipulated.

2. The petitioner states that the Chennai Metro is a rapid transit system serving the city of Chennai, Tamil Nadu, India. It is the fourth longest metro system in India after Delhi Metro, Hyderabad Metro and Namma Metro. The Phase-I of the Chennai Metro Rail Project consists of two colour-coded lines covering a length of 54.15 kilometres (33.65mil). The Chennai Metro Rail Limited (CMRL), a joint venture between Government of India and the Government of Tamil Nadu, built and operates the network. The system has a mix of underground and elevated stations and uses standard gauge.

3. The Chennai Metro Rail Limited is a special purpose vehicle (SPV) formed for the purpose of implementing the Chennai Metro Rail Project. The project is being funded by the Government of India and the State Government by way of equal equity contribution and subordinate debt (Government of India 20%, Government of Tamil Nadu 20.78% and the balance 59.22% being met from the loan assistance from Japan International Co-operation agency). The Government of India has also accorded sanction for the project.

4. Considering the acute traffic congestion and thereby hardship to the public by way of economic loss, accidents, pollution etc., phase-I of the Chennai Metro Rail project was initially planned for a length of 45kms in two Corridors. Finally, the two Corridors were covered a length of 45.046km network and consisted, Corridor-I – from Washermenpet to Airport (23.085 Km) and Corridor-2 – from Chennai Central to St. Thomas Mount (21.961 km). About 55% of the Corridors in Phase-I is underground and the remaining extent are elevated. Out of 32 numbers of stations, 13 numbers are Elevated Stations and remaining 19 numbers are underground Stations. Inter Corridor interchange Stations are available in Alandur (Elevated) and Chennai Central (Underground) respectively.

5. On account of the success of the Phase-I and Phase-I Extension of Chennai Metro Rail Projects, the Government in G.O.Ms.No.23 Planning, Development and Special Initiatives [SI] Department, dated 13.04.2017, had approved in principle the following three Metro Rail Corridors under Phase-II of Chennai Metro Rail Project. The present estimate cost of the project is about Rs.63,246/- Crores. The details of the corridors covered under Phase-II is as follows:

6. As part of Phase-II, CMRL has proposed to construct an elevated Metro Corridor from Alandur to Shollinganallur Tower (14.653 kms), part of which is proposed to pass over and above the existing road adjacent to Perumbakkam Marsh Land, which is under the control of reserve forest at the southern side of Medavakkam-Shollinganallur Road.

7. For the above purpose of construction of the elevated Metro Corridor, deviation of 230 KV overhead feeders in existing