[sustran] Chennai Monorail Update : Court restrains Government from awarding final contract

[arul rathinam]

Monorail: Court restrains Government from awarding
final contract – The Hindu
http://www.hindu.com/2006/02/03/stories/2006020315450700.htm

TN monorail lands in web of controversies – Financial
Express
http://www.financialexpress.com/fe_full_story.php?content_id=116751
 
Monorail proposal after studying all metro systems,
says Minister – The Hindu
http://www.hindu.com/2006/02/04/stories/2006020408430500.htm
 
Monorail project: To cover 300 km in 18 corridors –
The Business Line
http://www.thehindubusinessline.com/2006/02/03/stories/2006020302161900.htm

Chennai Monorail Govt’s Website
http://www.tn.gov.in/tender/default.asp#MMRTS

Monorail: Court restrains Government from awarding
final contract 

Special Correspondent - The Hindu

But allows it to go ahead with the process of
finalisation of bids

•  Bench asks why Government has not conducted
feasibility study or environmental impact assessment 

•  Additional Advocate-General says monorail is a
tramway and does not require Central clearance 

CHENNAI: The Madras High Court has restrained the
Tamil Nadu Government from awarding final contract or
work orders for the proposed monorail project without
its prior permission. 

It also raised a barrage of questions relating to the
feasibility and environmental impact of the project,
legislative competence and the authenticity of a
report submitted by the Pallavan Transport Consultancy
Limited. 

Passing orders on a public interest litigation
petition filed by Pattali Makkal Katchi (PMK) leader,
G.K. Mani, the First Bench comprising Chief Justice
A.P. Shah and Justice Prabha Sridevan sought to know
why the Government had not conducted any feasibility
study or environmental impact assessment for the
project. 

Final hearing 

Posting the matter to March 8 for final hearing, the
Bench, however, permitted the Government to go ahead
with the process of finalisation of bids. 
Mr. Justice Shah said the objections raised by Mr.
Mani were serious and "could not be brushed aside." 

The court could not dismiss the plea simply because
the PIL had been preferred by a political party.
"Socio-economic assessment and environmental impact
assessment are very, very important aspects. Why have
you not done that?" he asked. 

Additional Advocate-General A.L. Somayaji argued that
since monorail was a tramway it did not require
Central clearance. The Delhi Metropolitan Rail
Corporation had been merely asked to study a mass
rapid transport system and submit a report to the
Government. 

To this, the Chief Justice asked, "Can you furnish
materials to show that monorail is treated as tram
anywhere in the world?" 

He further observed that if it was railway, the State
Government could not proceed with it. "You are
specifically prohibited by law." 

If it was a tram, then the scheme had to be restricted
to the Chennai municipal area. "But, your project is
not restricted to the municipal limits." 

As regards Pallavan Consultancy's report, the Chief
Justice asked if anyone had studied similar monorail
schemes in other parts of the world while preparing
the document. 

When he sought to know the project cost,
Advocate-General N.R. Chandran said it would be known
only after the bids were processed. 

Earlier, N.L. Rajah, counsel for the petitioner,
submitted that the tender document running to several
pages did not show anywhere that the monorail project
would be subject to environmental clearance. 

The Bench asked Senior Central Government Standing
Counsel, P. Wilson, to take notice on behalf of the
Union Ministries of Railways, Environment and Forests
and Urban Development.

http://www.hindu.com/2006/02/03/stories/2006020315450700.htm 

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