ORDER

The issue raised

1. Grievance in this application is against construction of Bangalore Metro Rail Project (the project) without requisite Environmental Clearance (EC) under the EIA Notification dated 14.09.2006.

2. Case of the applicant is that Respondent No. 1, Bangalore Metro Rail Corporation Ltd. (PP) has started undertaking the project without requisite EC. The project will have serious adverse environmental impact. The project is to be executed in three phases. Details of the first phase are as follows:

 East-West Corridor from Baiyappanahalli Terminal to Mysore Road Terminal – 18:10 km  North-South Corridor from Hesaraghatta cross Station to Puttenahalli cross-24.20 km.

3. Details of the second phase are as follows:

 The Nort-South corridor is to be extended from Puttenahalli to Anjanapura Township (Nice Road) along the Kanakapura Road and from Hesarghatta cross to Bangalore International Exhibition Center (BIEC) on Tumkur Road (NH-4).

 The East-West Corridor is to be extended from Mysore Road to Kengeri and Baiyappanahalli to white field. As regards extension of North-South corridor to Electronic City- Bommasandra Industrial Area, Government of Karnataka has desired that this line may be taken up even when phase-I is in progress. Further extension of this line beyond Bommasandra Industrial Area may need in future as the city may be needed in future as the city grows in this part of the city.

 New North-South line from IIMB to Nagwara  New East-West line from R.V. Road to Bommasandra.

4. Details of phase three are as follows:

 Nagavara – Airport (23 km)

 Sarjapur – Yelahanka (33 km)

 Marathahalli – Hosakerehalli (21 km)

 Silkboard – Hebbal (33 km)

5. The project includes construction of tracks, numerous stations, traction sub-stations, receiving stations, depots and running station. Project entails huge construction and large-scale requirement of land and will have serious and irreversible impacts on the environment. This Tribunal vide judgement dated 31.05.2016 in OA No. 478/2015, Vikrant Tongad vs. Noida Metro Rail Corporation held that EC is required for the Metro projects. The applicants approached the 1st respondent in this regard but were informed that the Metro project does not require an environmental clearance.

6. The project will require diversion of forest land, change of land use, affect parks and open spaces, impact lakes, water bodies and raja calves, require water, impact groundwater, impact ecology due to felling of trees, impact temperature due to heat, impact Bannerghatta National Park and Eco-sensitive zone around it, the Butterfly Reserve in Doraisanipalya Jallary Reserve Forest. Project will cause air pollution, dust and debris, impact workers, impact ancient monuments, historical sites and heritage buildings, impact public utilities and result in energy consumption. According to the Applicants, the project will not be conducive to the environment.

Stand of opposite parties

7. The application was filed on 08.09.2016 and came up for hearing on 05.10.2016. The Tribunal issued notice to the respondents, including the PP and the MoEF&CC who have filed their respective replies.

8. The stand of the PP is that the project does not require EC in terms of Notification dated 14.09.2006 as reiterated in MoEF&CC letter dated 12.01.2009. All other requisite approvals for the project have been granted or will be sought. The project is a joint venture project of Government of India and Government of Karnataka with PP being SPV for execution of the project. PIL being WP No. 3345/2008 GM (PIL) c/w WP 2932/2007, WP 846/2008 and WP 15224/2008 were filed before the Karnataka High Court against the project which were dismissed on 19.03.2010 against which SLP being No. 10030/2010 was also dismissed by the Hon’ble Supreme Court on 09.04.2010. The project will help the daily commuters and reduce carbon emissions. Impact assessment was carried out by Department of Environment Science of Bangalore University, for Delhi Metro R