Metro expansion Bill caught in turf war

The proposed law for expansion of Metro rail network in the National Capital Region (NCR) is unlikely to be introduced in the forthcoming Parliament session as it is caught in a turf war between the railways and the urban development ministry.

The proposed Central legislation — Delhi Metro Rail Amendment Bill, 2008 — aimed at resolving the legal hurdles arising out of the extension of Metro network to Noida in Uttar Pradesh, and Gurgaon and Faridabad in Haryana was supposed to be introduced by the urban development ministry in the coming session.

However, it is learnt that the railway ministry wants to pilot the Bill claiming that it is its responsibility and not that of the urban development ministry’s.

“Since we are providing safety and technical planning to the proposed extension of Delhi Metro to other cities, it is also our responsibility to introduce the Bill in Parliament,” said a senior railway ministry official.

When pointed out that the Delhi Metro Operation and Maintenance Act, 2002, was piloted by the urban development ministry, the official said “it was confined to Delhi only. But here it is going beyond Delhi.”

Though the draft of the proposed legislation is ready, the stand taken by the railways has delayed the process and a decision has to be taken by the competent authorities to sort out the issue, a senior urban development ministry official said.

There is a need to amend the Delhi Metro Operation and Maintenance Act, 2002, after facing legal hurdles while extending Delhi Metro to Noida, Faridabad and Gurgaon in the absence of a central legislation.

The proposed Act will empower the Metro rail administration to do what is necessary for the train system’s operations.

Besides National Capital Region, Karnataka, Maharashtra, Andhra Pradesh and Tamil Nadu and Chandigarh have also shown interest in having Metro rail system.

“The enactment of a central legislation is required to provide legislative backup to all Metro operations in the country, including NCR zone,” said the urban development ministry official.

“It will be a smooth operation once a central law is enacted,” he added.

There are provisions in the proposed Act empowering the authorities to remove obstruction for smooth movement of rolling stock and passengers.

Previously, barring the Calcutta Metro Act, 1978, which was adopted by Delhi for construction of Delhi Metro, no state had enacted any law for rail-based transport system.

Later, the central government enacted the Delhi Metro Operation and Maintenance Act, 2002, for regulating the work of the Metro in the capital. The amendment to the Calcutta Metro Act was also carried out by the urban development ministry.

Since the government is allowing private players to invest in the Metro system, the Act is essential to provide protection to them. It would provide legislative support for construction, operation and maintenance of the system in cities.

While the Delhi Metro pattern is to be replicated in Bangalore, Chandigarh and Chennai, the government may allow private investment in Hyderabad and Mumbai.