UTurn on BRT by Saurabh Bhardwaj EX MLA GK. Initial Prashant Bhushan said we won't remove BRT. Now Saurabh saying we will remove it
WHO CARES ABOUT OLD PROJECTS JUST LIKE THEY SCRAPPED JANLOKPAL LETS SCRAP AND TRY SOMETHING ELSE, WHEN WE FAIL AGAIN WE WILL SCRAP THAT AND TRY SOMETHING ELSE..
NEW DELHI: Scrapping the Ambedkar Nagar-Moolchand Bus Rapid Transit (BRT) corridor, which was one of the issues raised by AAP during its campaign for assembly elections, should not prove to be more difficult than delivering on power and water for Delhi government. The government has been promising to look into the issue - transport minister Saurabh Bharadwaj had assured TOI - and examine if there are any legal hurdles since Delhi high court had ruled against its scrapping in 2012.
Legal experts feel the government can simply file a review petition to apprise the high court of the government's changed stance on the issue. "There is no law which says that BRT must exist in Delhi. The high court had only upheld the stand of the then Delhi government," said a senior lawyer who represents the Centre in many cases in high court.
Besides filing a review petition, the government can also pass a resolution and get it approved by the lieutenant-governor. "Courts generally uphold government decisions in policy matters. This is what the court did in October 2012, rejecting an NGO's plea," pointed out the lawyer, who did not wish to be named. He said the government can also commission another study on BRT to back its claim before the court.
Just a week before the assembly polls, then chief minister Sheila Dikshit had said that she would scrap BRT if she returned to power. That should not be a difficult task for the AAP government. Senior advocate Aman Lekhi said if the government gets serious about it, it can seek a review. "They have to just inform the court that circumstances have changed and move an application in this regard." He said the courts rarely raise any objection on policy matters like these.
Senior advocate KTS Tulsi, who has been representing Delhi government on the issue and had opposed scrapping of the corridor, admitted that the new government can indeed remove the 5.6km stretch. Tulsi, however, added that the government will have to file a review petition seeking modification of the court's 2012 order. The government counsel had strongly opposed removal of the corridor, saying BRT was the only solution for the city's growing needs. "BRT has encouraged people to switch over from private transport to public transport. However, if they want to scrap it, they will have to file a review petition in court seeking modification of the court's earlier order," he said.
Interestingly, senior AAP leader advocate Prashant Bhushan had vehemently argued in favour of BRT, seeking its continuation. So, it would be interesting to see if AAP manages to do a serious review of the project as promised during the campaign.
On October 18, 2012, a division bench of justices Pradeep Nandrajog and Manmohan Sigh had rejected a PIL filed by NGO Nyayabhoomi seeking removal of the BRT corridor. On October 26, 2012, the court also rejected a review plea filed by the NGO seeking modification of the court's October 18 verdict. In April 2013, the NGO moved a fresh plea seeking scrapping of the corridor on the grounds that BRT was constructed in violation of Master Plan 2021. The matter is pending in court and is likely to be heard later in the month.