The Supreme Court on Monday rejected a request by the West Bengal government to postpone the construction work of the Orange Line Metro in Kolkata and criticized the state for its “stubborn” stance in stalling development work and unnecessarily “politicizing” the issue.
A bench of Chief Justice of India Surya Kant and Justices Joymalia Bagchi and Vipul M Pancholi said: “This petition is frivolous and shows an obstinate attitude on the part of the authorities who are fully determined to stop the metro works in Kolkata.”
The West Bengal government has filed an application in the Supreme Court against the Calcutta High Court’s December 23 order directing the state to ensure completion of the metro work at Chengrighatta crossing by February 15. She cited the assembly elections scheduled in the state next month and requested an extension of time until May.
The court rejected the state’s petition, saying it did not expect a democratically elected government to approach the court on this issue. “This project began long before the Model Code of Conduct came into force.”
The council said it would not allow the state to use elections as an excuse to obstruct development. She added that the state is obligated to provide logistical support for the metro works, as there is no option for inaction. “You are obligated to act on the orders of the Supreme Court… The facts show a complete abdication of your constitutional duty. You are unnecessarily trying to politicize the case.”
The court criticized the state for giving the excuse of festivals as a reason for non-compliance. “This is a development issue. You have told the Supreme Court that you have to take care of festivals, and that you cannot provide support to the police and divert traffic for ongoing construction works. For you, festivals are more important than creating an arterial transmission line.”
Nandini Sen Mukherjee, who represented the state, said the ongoing work would inconvenience the public. She said that this part of the city is vital, as it serves as a green corridor for ambulances and organ transplant vehicles.
“The Supreme Court has so far been very generous to you. This was an appropriate case where some action should have been taken against the Principal Secretary and Director General of Police,” the state bench said.
A contempt petition against the state police officers and the Home Minister is pending before the Supreme Court.
While the state asked for permission to withdraw the petition, the court said: “We will not allow you to withdraw. You were given this opportunity at the beginning. You did not make this choice.”
The bench allowed the Supreme Court to take the necessary measures to ensure compliance with its directions issued on December 23.
