Saturday, February 25, 2012

Legal hurdles to Hyderabad Metro

Times View (box item)
     The main reason why the Hyderabad Metro Rail project is faced with opposition at every step is because it was thrust upon the city without consultations with people, the main stakeholders, as to what they wanted. Predictably then, the metro rail corridor alignments along bustling commercial stretches are being opposed tooth and nail with innumerable traders facing a loss of livelihood due to the project. The purpose of a public transport system like the metro rail is to ease commuters’ woes in the Greater Hyderabad region. But that cannot be achieved at the cost of inconveniencing the very people it aims to serve. The rail project will be riddled with problems unless the government revisits the blueprint with a fresh, people-friendly perspective.
Legal hurdles threaten to delay Metro rail project
Chances Of HMRL Making Dec. ’14 Deadline Look Bleak
BV Shiva Shankar TNN 
Hyderabad: The Hyderabad Metro Rail Ltd (HMRL) wants to kick off services with the first train plying between Nagole and Mettiguda some time in December 2014. 
    However, a series of roadblocks appear imminent which can only serve to delay the public transport project which has been designed to introduce muchneeded convenience to commuting in the city.
 
    The HMRL is working towards a self-imposed deadline to ensure that Stage-1 — the 8km stretch between Nagole and Metiguda in Corridor III — is operational by December 2014 with plans afoot to commence work by March this year.
 
    “Preliminary work including soil testing, identifying land for the depots and preparations for production of pre-cast slabs, have been completed.
 
    “A few procedural issues exist but construction work should begin in March,” said a senior officer. Although HMRL is confident of meeting its deadline, the project is beset by all kinds of problems.
 
    Having come together as Greenlands, Ameerpet, Madhuranagar, Yusufguda and Sri Krishna Nagar Joint Action committee (GAMYS-JAC), traders have moved high court on the charge that HMRL had unilaterally changed the alignment of Corridor III, between Nagole and Shilparamam.
 
    The petition says that the alignment was changed to make the rail corridor pass through Ameerpet rather than Panjagutta, which was what had been envisaged in the original plan. The work cannot be taken up on the Ameerpet-Banjara Hills unless that issue is first sorted.
 
    HMRL has now filed a counter affidavit arguing that the alignment has not been changed. The case is coming up for hearing Monday next and the fate of the work depends on its outcome.
 
    The concession agreement signed between the state government and L&T, the project partner executing the works, stipulates five years to be the timeframe for the commissioning of the service.
 
    The HMRL has yet to issue right of way to L&T but, as per the agreement, work should have started on March 3, 2011 and been
 completed by March 3, 2016. Needless to say, the current situation has made observers skeptical about the possibility of that deadline being met. 
    The HMRL is reportedly exploring the option of issuing right of way for those parts of Corridor III where there are no objections. “Going for piecemeal construction might be HMRL’s ploy to mislead the public on the progress of the work and silence the agitating traders.
 
    “It is not fair on its part to go ahead with the work leaving issues unresolved,” said C Ramachandriah, an activist spearheading the agitation.
 
    Even L&T, it is learnt, is not comfortable with right of way granted in bits and pieces and it could all add up to ensure that work is still to start in March.
 
    Vivek B Gadgil, chief executive and managing director, L&T Metro Rail (Hyderabad), speaking from Dubai, told TOI that the company felt it imperative that the right of way notification is accompanied by no outstanding issues.
 
    Apart from the alignment dispute, pending litigation on land acquisition, too, has hit the project.
 
    Of the 269 acres of land earmarked for the project, 104 acres are tied up in litigation. Authorities said that they had got the high court’s nod to issue a fresh land acquisition notification which would deal with the legal hurdles.
 
    However, many in the state government conceded that nothing short of a miracle could ensure that work on the metro rail project began in March this year.
 





Wednesday, February 15, 2012


15 February 2012.
Press Release
Metro Corridor 3 works continue contrary
 to assurance to High Court
Despite the State government giving an undertaking on Friday (11th Feb) before Justice L. Narasimha Reddy of the Andhra Pradesh High Court that it would not proceed with any construction activity relating to the Metro Corridor 3 (Nagole to Shilparama), there has been no halt to any of the metro works. (See the photos taken today – 15 Feb).


 A visit by the civil society activists revealed that the works have been going on as usual. This is a clear breach of the word by the State government given to the Hon’ble High Court. The judge was dealing with a writ petition filed by Greenlands, Ameerpet, Madhuranagar, Yousufguda, SriKrishna Nagar Joint Action Committee and 20 others.
We demand that the State government must keep its word in this regard. We also appeal to the Hon’ble Court to take this matter seriously.
Sd/-Prof. C. Ramachandraiah, Convenor, CBPTH, (Mobile: 94400 35405)
Mr. S. Jeevan Kumar, State President, Human Rights Forum, Andhra Pradesh.
Mr. O.M. Debara, General Secretary, Forum For a Better Hyderabad (FBH)

Press Release-Metro Corridor 3 works continue despite assurance to High Court Metro Corridor 3 works continue despite assurance to High Court Press Release - Metro Corridor-3 works continue Contrary to Assurance to High Court


15 February 2012.
Press Release
Metro Corridor 3 works continue
despite assurance to High Court
Despite the State government giving an undertaking on Friday (11th Feb) before Justice L. Narasimha Reddy of the Andhra Pradesh High Court that it would not proceed with any construction activity relating to the Metro Corridor 3 (Nagole to Shilparama), there has been no halt to any of the metro works. (See the attached photos taken today – 15 Feb).

A visit by the civil society activists revealed that the works have been going on as usual. This is a clear breach of the word by the State government given to the Hon’ble High Court. The judge was dealing with a writ petition filed by Greenlands, Ameerpet, Madhuranagar, Yousufguda, SriKrishna Nagar Joint Action Committee and 20 others.

We demand that the State government must keep its word in this regard. We also appeal to the Hon’ble Court to take this matter seriously.
Sd/-
Prof. C. Ramachandraiah, Convenor, CBPTH, (Mobile: 94400 35405)
Mr. S. Jeevan Kumar, State President, Human Rights Forum, Andhra Pradesh.
Mr. O.M. Debara, General Secretary, Forum For a Better Hyderabad (FBH)

Saturday, February 11, 2012

Corridor 3 works halted by High Court


Halt ‘corridor three' metro rail works, says court
HYDERABAD, February 11, 2012,
The State government on Friday gave an undertaking before Justice L. Narasimha Reddy of the Andhra Pradesh High Court that it would not proceed with any construction activity relating to Alignment III of the Metro Rail in the city that passes through the areas from Greenlands to Yousufguda via Ameerpet and Srinagar Colony.The judge was dealing with a writ petition filed by Greenlands, Ameerpet, Madhuranagar, Yousufguda, SriKrishna Nagar Joint Action Committee and 20 others.
They contended that the proposed route for the third corridor was prepared without regard to the efficacy of the alternative route initially approved/tentatively decided for the said segment. Counsel appearing for the petitioners said that the authorities were not filing their response before the court on the one hand, and, on the other, proceeding with work on the field.

The pleader represeting the State government assured the Hight Court that the government would not carry out any operations until it comes up with a counter affidavit in this regard.


Wednesday, February 8, 2012

Rs. 1.75 cr land acquisition scam unearthed in Metro Rail project


This is only the beginning in the Metro rail scam. And only 17 properties. More can be detected if properly enquired into as the land acquisition process continues for thousands of properties. There is something for everybody to loot in the metro rail scandal in Hyderabad! Read the story: 

Tuesday, February 7, 2012

Metro to adversely affect about 40000 street vendors


Metro all set to derail livelihood, fear hawkers
Times of India, Hyderabad, Feb 7, 2012.
HYDERABAD: The Hyderabad Metro Rail Project threatens to displace an estimated 40,000 street vendors across the city. At a meeting of various hawkers' associations held in Gudimalkapur on Monday, hawkers demanded that their livelihoods be protected. 

Inayat Ali Baquiri, general secretary, National Hawkers' Federation (AP), said, "We pla n to protest against the metro rail project. If affected shop owners are given alternatives, hawkers must be given earmar ked hawking zones. The development of the city is important but not at the cost of a poor man's income." The associations plan to stage a dharna at the Assembly on March 30.

They also sought the implementation of the Supreme Court order on the protection of the livelihoods of hawkers. Shaktiman Ghosh, general secretary, National Hawkers' Federation, said, "The Supreme Court had asked state governments to provide for the protection of street vendors by June 30, 2011, since it recognised vendors carrying out their business as a fundamental right. The order remains unimplemented and, therefore, is a blatant contempt of court." He said that the policy and bill were first drafted in Andhra Pradesh and that it was unfortunate that hawkers remain ignored. 

Hawkers also demanded that the Model Street Vendors Bill - which provides for protection of the livelihoods and regulates street vending -be passed at the Centre and state level, as it would protect them from displacement due to the metro rail project.

Representatives of various hawker associations said that a mere policy for the protection of their businesses was inadequate. They demanded an Act to be passed by Parliament which would protect them from harassment by police and GHMC officials. With governments of various states including Maharashtra, Arunachal Pradesh, Mizoram and Rajasthan, having implemented the policy, hawkers questioned why the AP government had failed to do so.