Karnataka High Court suo motu initiates PIL to examine safety measures in Namma Metro project in Bengaluru

The sink hole near Shoolay Circle on Brigade Road, was at the spot where a tunnel is being dug by Bangalore Metro Rail Corporation Limited (BMRCL) for a Namma Metro line, in Bengaluru. The sink hole emerged on January 12, 2023.

The sink hole near Shoolay Circle on Brigade Road, was at the spot where a tunnel is being dug by Bangalore Metro Rail Corporation Limited (BMRCL) for a Namma Metro line, in Bengaluru. The sink hole emerged on January 12, 2023.
| Photo Credit: Murali Kumar K

The High Court of Karnataka on January 13 took suo motu cognisance of two incidents — death of a woman and her two-and-a-half-year-old son and formation of sinkhole due to ongoing work of the Namma Metro project — and ordered initiation of a PIL petition to examine the safety measures in place while executing the project.

A division bench comprising Chief Justice Prasanna B. Varale and Justice Ashok S. Kinagi passed the order while taking note of reports published in newspapers on the death of the woman and her son after a metal reinforcement structure fell on them when they were riding pillion on a two-wheeler on January 10, and formation of a sinkhole at Shoolay Circle on Brigade Road on January 12 due to underground tunnelling work.

Five points for examination

Stating that issues related to safety measures are required to be examined, the bench carved out five points:

1. What are the safety measures for the Namma Metro work?

2. Are they part of tender/ contract agreements?

3. If they aren’t part of tender or contract agreements, is any attempt made to set up safety measures by issuing government orders or notifications?

4. If safety measures are prescribed, what is the mechanism for periodical supervision and checks at the construction sites?

5. Is accountability fixed on contractors, agencies, and officials for failure to maintain safety measures?

Parties to be involved in PIL

The bench directed the registrar-general of the court to make the State government, the BMRCL, the BBMP, contractors and other agencies as parties to the proceeding.

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