Indore:
The Indore bench of Madhya Pradesh high court on Monday granted two weeks to the state govt, Metro rail authority, Indore Municipal Corporation (IMC) and others to file their reply to a petition challenging the proposed underground Metro station at Chhota Ganpati.
Justice Sandeep N Bhatt, while hearing the petition by one
Mahesh Rathi
, also directed that the work carried out should be in accordance with law and by taking all proper care for the safety of surrounding buildings.
The matter has now been listed for further hearing on Sept 21.
The petition filed by Rathi's counsel, advocate Abhinav P Dhanodkar, raised concerns over the proposed underground construction's possible impact on private residential and commercial properties, old temples and heritage structures, public parks, trees, groundwater and underground rights in private land.
A central issue is the depth at which the station is proposed to be built — around 125 to 140 feet. The petitioner has expressed apprehension that excavation at this depth beneath a densely populated area could affect the foundations and structural stability of existing buildings. Reports on the project suggest the increased depth was arrived at after studies of the area's soil and geological conditions.
Chhota Ganpati is one of seven underground stations planned under the Indore Metro project, according to Asian Development Bank documents, alongside Indore railway station, Rajwada, Bada Ganpati, Ramchandra Nagar, BSF/Kalani Nagar and airport.
The underground package includes twin tunnels, shield TBM works, cut-and-cover construction, cross passages and ramps. A Govt of India Gazette notification dated Aug 22, 2024, includes Rajwada, Chhota Ganpati and Bada Ganpati in the alignment of the Yellow Line.
The petition also questions the shift to an underground alignment through this densely populated, commercial stretch, which was reportedly meant to reduce inconvenience to residents and businesses during construction.
Surveys and soil investigations have since been carried out along the revised route towards the airport.
Concerns have also been raised over the safety of Chhota Ganpati Temple and other old structures nearby, with the petitioner submitting that deep excavation and tunnelling near such structures should follow proper structural safety assessments. Vibration, ground settlement and effects on building foundations have been flagged as well.
On private property, the petitioner has questioned the use of sub-soil beneath privately owned land, raising issues of acquisition, statutory notices and legal compliance and has invoked Article 300-A of the Constitution, which protects the right to property.
As an alternative, the petitioner has proposed Subhash Marg, citing an earlier alignment considered through the route where greater govt land availability could reduce impact on private and heritage properties.
The petition claims a technical survey shows this alternative could cut project costs by an estimated Rs350 crore. The petitioner has sought production of records including the DPR, technical approvals, safety assessments, land acquisition documents, environmental permissions and other NOCs before the court.
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