Priyanshu Jain vs Union Of India
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-IND:28553
WP No.954 of 2026
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IN THE HIGH COURT OF MADHYA PRADESH
A T I N D OR E
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
WRIT PETITION No. 954 of 2026
CNR No.: MPHC020010852026
PRIYANSHU JAIN
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Lavesh Saraswat – Advocate with Shri Shivendra Singh
Parihar – Advocate for the petitioner.
Shri Abhinav Dhanodkar – Advocate for the Intervenor.
Shri Pradyumna Kibe – G.A. for respondent Nos.2, 3, 4, 8 and
9/State.
Shri Amol Shrivastava – Advocate for the respondent No.6- M.P.
Metro Rail Corporation Limited.
Ms. Kamakshi Singh – Advocate for the respondent No.7/IMC.
Reserved on : 08.10.2026
Pronounced on : 22.10.2026
…........................................................................................................
This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Court passed the following:
O R D E R
Per : Justice Subodh Abhyankar:-
1] Heard.
2] The present writ petition has been filed by the petitioner under
Article 226 of the Constitution of India, is in the nature of Public Interest
Litigation (PIL), seeking the following reliefs :-
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PANDEY
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“i. Issue any appropriate writ to direct the Respondent No.1 to 9 to
not cut any trees from the said land.
ii. Issue any appropriate writ to direct the Respondents to pass a
prohibitory order against the Respondent No. 6, at once to prevent
cutting of the trees and destroying the nests and habitat of the birds
from the Rani Sarai Land (S.P. Office Premises Indore) and further
direct the respondent no. 6 to obey and implement provisions of The
Wildlife (Protection) Act 1972 in the interest of justice.
iii. Direct the Respondents to frame policy and guidelines with
regard to the Transplantation Policy of Trees.
iv. Direct the Respondents to maintain the trees in the city instead of
attempting to make them fall or engage in deforestation.
v. Pass any other suitable writ, order or direction as this Hon’ble
Court may deem fit and proper in the interest of Justice.”
3] Although, the petitioner is aggrieved of the proposed
construction of the underground Metro Station at Rani Sarai land (S.P.
Office Premises Indore), which would require the felling of more than
150 trees on which nests of 1000 birds would be destroyed, which is their
only habitat left in the city of Indore, where they come to roost, would be
destroyed. The petitioner is also joined by the intervener in his cause by
the intervener, the Nature Volunteers’ Society, through its president
Padmshri Shri Bhalchandra Mondhe, by filing an application for
intervention I.A.No.10209/2026.
4] Before hearing this petition finally, on 29.09.2026, we have
also visited the site along with the parties and their respective counsel, in
order to ascertain the claim of the petitioner. And we also directed the
counsel for the respondent No.6 to come up with alternative plans, and
today, a report has also been filed by the respondent No.6 giving details
of the alternative plans in respect of the other adjacent lands, which,
according to the petitioners and the intervener can be acquired for the
purposes of construction of underground metro station.
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 10/23/2026
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5] Counsel for the petitioner has submitted that cutting of the trees
on which thousands of birds, including parrots or parakeets, which are
protected under the Wild Life (Protection) Act, 1972 (hereinafter referred
to as “the Act of 1972’) come to roost, would certainly amount to an
offence under the Act of 1972.
6] It is also submitted by the counsel for the petitioner as also the
intervenor that if the trees are allowed to be cut, it would cause
irreparable damage to the city of Indore, and this rich legacy would be
lost forever. The details of the trees which are proposed to be cut are also
given in the representation submitted by the petitioners. Counsel have
also submitted that there are alternative lands available around the Rani
Sarai, also including that of Regal Talkies, Gandhi Hall, and Pritamlal
dua Sabhagrah, and thus, it is submitted that the lands available in and
about the said areas can be used for construction of underground metro
stations.
7] It is also submitted that even though there are hundreds of other
trees already available in the vicinity, but still, those trees are of no use to
the birds, as the majority of the birds come to the Rani Sarai premises
only to roost, and thus, it is not merely a question of cutting of trees, but a
question of saving the life of thousands birds who would lose their natural
habitat because of Metro project.
8] Counsel for the petitioner has also submitted that a perusal of
the metro route from Palasia to Railway Station would also reveal that it
is curved, and it is not known as to what was the reason to not to directly
come to the railway station when the lines are to be laid underground, as
there was no requirement to curve the route.
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 10/23/2026
4:33:55 PM
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9] A detailed reply to the petition has also been filed, and the
prayer is opposed by Shri Amol Shrivastava, learned counsel for the
respondent No.6/M.P. Metro Rail Corporation Limited. It is submitted
that they are also aware of the birds roosting on the trees in the Rani Sarai
premises, however, the alignment of the metro rail has already been
sanctioned. Shri Shrivastava has also submitted that the route was already
prepared in the head office at Delhi, and the route has been drawn after
giving due consideration to all the minute details that for the construction
of the underground metro stations. It is submitted that as substantial
piece of government land would be required, causing minimal damage to
the private buildings, and the area available in the Rani Sarai premises is
best suited to the requirement of the respondent, as the total length of the
Metro station would be 150 meters, although the standard size is 180
meters, but for Indore, to ensure that the minimum damage is done to the
other private property, they have already squeezed the size to 150 meters
which is the technical requirement of the project, and it is not possible to
further squeeze it to relocate the Metro Station to some other even nearby
place as no such free land is available.
10] Regarding the applicability of the Act of 1972 is concerned, it
is submitted that the respondents have already taken all the due
permissions from the Forest Department, which are already placed on
record, and thus, the petitioner’s claim that the construction would be
made in violation of the Act of 1972 is unfounded.
11] It is further submitted that in view of the provisions contained
in Metro Railways (Construction of Works) Act 1978, vide office
memorandum dated 27.01.2015, Government of India, Ministry of Urban
Development has held and approved that once a Metro Rail Project has
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PANDEY
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been approved by the Cabinet, all Ministries/Departments may accord
operational rights on the relevant land immediately, even during
consultation between the concerned Ministries pending the actual transfer
of the land so that work of the project does not suffer and people are not
put to inconvenience. A copy of the office memorandum dated
27.01.2015 is also filed on record as Annexure R-6/1. It is also submitted
that the Govt. of India, Ministry of Housing and Urban Affairs, had
approved the Indore Metro Rail Project, vide approval letter dated
30.11.2018. The total completion cost of the project is Rs.7500.80 Crores.
The Govt. of India has also prescribed terms and conditions of the
sanctions. The photocopy of the approval letter dated 30.11.2018 is also
filed on record as Annexure R-6/2 and the consent of the Government of
M. P. in respect of the project is also given on 05.07.2021, which is also
reproduced in the reply itself.
12] Counsel for the respondent No.6 has also submitted that even
otherwise, the petition itself is not maintainable, as the alignment of the
route has already been the subject matter of an earlier petition, W.P.
No.10909 of 2024 (PIL) in the case of Raj Lakshmi Foundation Vs. The
State of Madhya Pradesh & Ors. , which was decided by the Coordinate
Bench of this Court on 03.05.2024 , rejecting the claim of the petitioner
therein, and once the alignment has been approved by the order of this
Court, the same cannot be challenged in a subsequent petition in the name
of felling of the trees. Counsel for the respondent No.6 has also relied
upon the decisions rendered by the Supreme Court in the case of Alok
Kotahwala and others Vs. Jaipur Metro Rail Corporation Limited and
others reported as 2026 SCC OnLine SC 1324 paras 82-85. Counsel has
also relied upon the orders passed by the Division Bench of this Court in
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PANDEY
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the case of Raj Lakshmi Foundation (supra) and in the case of Santosh
Kumar Singh and others Vs. The State of Madhya Pradesh and others
passed in W.P. No.30818 of 2025 dated 12.08.2026 .
13] It is also submitted that despite all these aspects of the matter,
which are in favor of the respondents, the respondents have already
undertaken to ensure that the trees that would be cut in the process of
construction would be replaced by 2500 trees. In this regard, a High
Level Centrally Empowered Committee, vide its proceedings/minutes
dated 23.03.2026 has already resolved to plant trees as compensatory
plantation towards the 182 trees, which would be cut down. Thus, it is
submitted that far more numbers of trees would be planted than the trees
which would be cut down. It is also submitted that the birds which are
presently coming to roost in the Rani Sarai premises, would certainly find
a way to relocate in the adjacent areas. Counsel has also drawn the
attention of this Court to the alternative lands, which have been suggested
by the petitioner/intervenor, and has also tried to demonstrate by
superimposition of the proposed buildings on the said lands to
substantiate their claim that the other three sites are not at all suitable,
which would also require the possession of the various private lands and
buildings, hotels etc., as also a major part of the High Court’s garden,
along with Regal Talkies, Gandhi Hall and Pritamlal dua Sabhagrah,
which would be in continuous use of the respondent for the next 2-3
years. It is also submitted that the metro station building cannot be
squeezed any further to other lands, which are available as per the
petitioner. Counsel has also submitted that so far as the Regal talkies is
concerned, since a petition is already pending before this Court, hence at
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Signed by: PANKAJ
PANDEY
Signing time: 10/23/2026
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present, the same is also out of the consideration, and even otherwise, this
place is not suitable.
14] In rebuttal, counsel for the petitioner has submitted that so far
as W.P. No.10909 of 2024 is concerned, they have no knowledge of the
same and even otherwise, it was for the alignment of the Metro line
whereas, the present petition is in respect of saving the trees and the birds
who come to roost.
15] Heard. Having considered the rival submissions and on perusal
of the record, we find that so far as W.P. No.10909 of 2024 is concerned,
it was decided vide order dated 03.05.2024, which reads as under :-
“Heard on the question of admission.
Instant petition has been filed by the petitioner under Article 226 of the
Constitution of India in the shape of Public Interest Litigation praying for the
following reliefs:
(I) That, a writ, direction or order in the nature of mandamus or
certiorari or as deemed fit be issued directing the Respondents to change
the present rail route/ line of the metro railways and lay it in a fashion
which is been mentioned in the writ petition.
The change should be that no right turn from the Bengali square should
be permitted so as to bring the rail line from Bengali square to Palasia
square and further onto Regal square, INSTEAD the rail line should
continue from Bengali square till Pipliyahana square (also called as the
World Cup Chouraha) and then take a right turn there so as to join the
square of Agriculture College and then go underground to meet the
Regal square and then continue on the same path which is presently
prescribed.
(ii) That, in case any permission/ sanction/approval is required by the
State Government from any Department of the Central Government, the
State Government should be immediately asked and directed to seek
such approval/consent/sanction from the said department of the Central
Government and till that happens, no further action in pursuance of the
present rail line be taken by the Metro Rail Corporation.
(III) Any other relief which this Hon'ble Court deems fit in the interest
of the public at large of the town of Indore, be passed.
(IV) That, a writ, direction or order in the nature of mandamus or as
deemed fit be issued directing the constitution and forming of a
committee of technical experts coming from the relevant departments
with requisite expertise in the field, to consider the viability, feasibility
and advisability of the present route and the proposed route(in this
petition) and submit a report before this Hon'ble Court based on their
enquiry, testing and conclusion in the matter.
This committee can be constituted of the following:
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PANDEY
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(1) Present or retired Professor from the stream of traffic engineering,
which is a post graduate course with specialization in traffic problem
and management.
(2) Head of the Department (HOD) from the stream of Civil
Engineering, which is a graduate and post graduate course.
(3) 1 or 2 Town Planners from the Indore Municipal Corporation or
Town and Country Planning Department.
(4) Present or Retired City Engineer from the Indore Municipal
Corporation.
(5) A social worker with impeccable reputation and credentials.
It is also prayed that a direction be issued to the respondents to assist
these technical experts in any manner, so as to enable them in carrying
out their task and abiding by the directions of this Hon'ble Court.
2. The present petition has been filed by the society through its joint-
secretary and not by or at the instance of anyone. The cost of the litigation
which includes the advocate's fees and the traveling expenses of the lawyers
if any, are borne by and by the petitioner society exclusively.
3. The respondents State of Madhya Pradesh is represented through Principal
Secretary, Madhya Pradesh Metro Rail Corporation Limited through its
Managing Director, Traffic Department, Indore through its Deputy
Commissioner Traffic, Indore Municipal Corporation through Commissioner.
All the aforesaid are fall within the purview of State as defined under Article
12 of the Constitution of India, therefore, amenable to the writ jurisdiction of
this Court.
4. Learned counsel for the petitioner submitted that the grievance of the
petitioner is that the Respondent No. 3 is laying down metro rail lines
throughout the city of Indore. The routes laid down for the metro train has
been designed by the State Government without realizing that as far as laying
a track for the metro train till Bengali Chouraha is concerned, there is no
major problem. Once the metro line is laid from Bengali Chouraha to Palasia
Sqaure, thereafter, it goes underground by creating a tunnel and passes
through the High Court till the airport, which would cause complete
disruption of traffic and stopping of the lives of individuals who are living
and working in that area. Laying of such tracks is of no benefit or advantage
to the town of Indore, as very few people living in this area will be connected
through metro.
5. Learned counsel for the petitioner further contended that the petitioner
therefore is seeking a direction to the State to consider the idea of extending
the metro line from Bengali Chouraha to Pipliyahana Chouraha (commonly
called as World Cup Chouraha) and thereafter take a right turn till the
Agriculture College Square from where it will go beneath the earth covering
future District Court, M.Y. Hospital and AICTSL Bus Station and
subsequently will meet the original Regal Square and then proceed to the
airport according to the existing layout plan.
6. He further submitted that the aforesaid proposition is necessitated because
of the suggested new route would be advantageous in three manners:
(A) The traffic of the main road from Bengali Chouraha to Palasia square
shall not be disrupted and not be troubled as the speed at which the metro
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PANDEY
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path is laid has always been under questions and doubts and scrutiny by the
authorities and the public at large in any town.
(B) The vehicular moment problem and the problem of the commuter will
increase many folds if this metro line is to be laid from Bengali Chouraha
upto Palasia Chouraha and then the metro rail goes down in a 30 ft wide
tunnel 60 ft below the ground from 80 ft above the ground at Palasia Square
as the same shall entail digging up of the road in a huge manner and the
whole traffic of the MG Road shall stand disrupted for a period of more than
two years. It is unimaginable to even think about the town of Indore where no
movement on the MG Road from Palasia Chouraha till Regal Chouraha is
permitted in as much as there is no alternate vehicular movement plan or
traffic plan while fixing and planning the movement of this metro rail project.
(C) That if the State Government slightly changes the metro plan so as to take
a right turn from the Pipliyahana Chouraha (World Cup Chouraha) to the
agricultural college, not only will the MG Road stand undisturbed and
unperturbed but more people will be benefited by this line as that road has
lesser amount of traffic and therefore will entail lesser time to construct and
lay the metro line and as it covers the newly developed 140 Scheme, District
Court, AICTSL Bus Station and MY Hospital, in the process more persons
shall be benefited by the newly laid metro line.
Hence this petition.
7. On the other hand, learned counsel for the respondents/State opposed the
prayer and submitted that the petitioner has not given his complete
antecedents and have also not disclosed as to what public interest work he has
performed for the Society. Learned counsel for the respondents has brought
to the notice of this Court the judgment of the Coordinate Bench of this Court
in the case of Surendra Pratap Singh Vs.State of M.P. and Others[2019
(1) M.P.L.J. 75] to contend that the petitioner has failed to produce on record
to satisfaction of the Court such social work in last couple of years in the area
in respect of which Public Interest Litigation is involved. Merely spending
money like lawyer's fees from their own pocket does not satisfy test of locus
standi. Therefore, this writ petition is not maintainable.
8. The Division Bench of this Court in Surendra Pratap Singh (supra), has
referred to the judgment of the Apex Court involving Public Interest
Litigation in the case of State of Uttaranchal Vs. Balwant Singh Chaufal
and others[(2010) 3 SCC 402] wherein the Apex Court has laid down
certain guidelines to be followed before exercising jurisdiction of Public
Interest Litigation. The guidelines are as under :-
(1) The courts must encourage genuine and bonafide PIL and
effectively discourage and curb the PIL filed for extraneous
considerations.
(2) Instead of every individual judge devising his own procedure for
dealing with the public interest litigation, it would be appropriate for
me each High Court to properly formulate rules for encouraging the
genuine PIL and discouraging the PIL filed with oblique motives.
Consequently, we request that the High Courts who have not yet
framed the rules, should frame the rules within three months. The
Registrar General of each High Court is directed to ensure that a copy
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of the RP 638/2017 Rules prepared by the High Court is sent to the
Secretary General of this court immediately thereafter.
(3) The courts should prima facie verify the credentials of the
petitioner before entertaining a PIL.
(4) The court should be prima facie satisfied regarding the correctness
of the contents of the petition before entertaining a PIL.
(5) The court should be fully satisfied that substantial public interest is
involved before entertaining the petition.
(6) The court should ensure that the petition which involves larger
public interest, gravity and urgency must be given priority over other
petitions.
(7) The courts before entertaining the PIL should ensure that the PIL
is aimed at redressal of genuine public harm or public injury. The
court should also ensure that there is no personal gain, private motive
or oblique motive behind filing the public interest litigation.
(8) The court should also ensure that the petitions filed by busybodies
for extraneous and ulterior motives must be discouraged by imposing
exemplary costs or by adopting similar novel methods to curb
frivolous petitions and the petitions filed for extraneous
considerations."
9. Learned counsel for the respondents submitted that in the present petition
as well none of the aforesaid guidelines are satisfied as laid down in the case
of State of Uttaranchal Vs. Balwant Singh Chaufal and others (supra).
Therefore, this writ petition is not maintainable. Accordingly, the same is
liable to be dismissed.
10. Heard learned counsel for both the parties and perused the record.
11. This Court while exercising the jurisdiction under Article 226 of the
Constitution of India is not in a position to act as an expert body, sitting in the
armchair of technical experts as to what should be the route of the metro line
and therefore the same cannot be the subject matter of judicial scrutiny. We
are of the considered view that the conclusion reached by the experts
particularly in the field of construction of metro line, Traffic Engineering,
Traffic Management, Urban Planning cannot be substituted with our views.
The interference in such matters, in writ jurisdiction would be called for
unless it is demonstrably perverse or illegal or contrary to admitted facts. If
the impugned decision is tested on the touchstone of reasonable experts who
have already planned the metro line after taking into consideration various
parameters and several factors. Even directing constitution of the committee
as proposed by the petitioner cannot be passed. The decision taken by the
consortium of experts cannot be substituted with the view of this Court by
examining the same or directing the respondents to constitute a fresh
committee.
Accordingly, this petition being bereft of merit and substance, is
hereby, dismissed at the admission stage itself.”
(emphasis supplied)
Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 10/23/2026
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16] It is apparent from the aforesaid order that this Court has
already taken into consideration the route, which has already been
sanctioned for the metro rail project, and apparently the aforesaid order
has already attained the finality and is also binding on this court.
17] It is pithy saying that what cannot be done directly can also not
be done indirectly. In such circumstances, when the change in the place
of proposed Metro Station would automatically result in the change in the
alignment of the Metro rail route, which, in the light of the order as
aforesaid in the case of Raj Lakshmi Foundation (supra) cannot be
deviated in any manner, for whatsoever be the reasons, and in doing so
we would be transgressing the said order already passed by the co-
ordinate bench of this Court, accordingly, no case for interference is
made out.
18] We are also of the considered opinion that it was the duty of the
respondent to apprise this court about the said decision in the case of Raj
Lakshmi Foundation (supra) which has a direct bearing on the present
case, at the earliest, after the present petition was entertained by this
court, as it would have saved valuable time of this court and would have
saved the parties from nurturing a false hope because after the disclosure
of the said decision we find that the petitioners had already lost this
petition even before it was filed. In such circumstances, no case for
interference is made out.
19] On the other hand, as per our site visit to Rani Sarai, we have
also seen thousands of birds, the majority of which were parrots, flocking
on the trees but admittedly, most of the birds come there only to roost in
the evening and only few have nested on them. There is no denying the
fact that if the trees are cut, the birds would certainly lose their place to
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PANDEY
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rest, which we also do not want in any manner, however, for the
foregoing reasons, we are unable to interfere in the matter on the
principle of Stare Decisis .
20] Having said so, as we are also conscious of the plight of the
birds and are also duty bound to make our best efforts to alleviate their
sufferings, thus, in order to ensure that the least amount of inconvenience
is caused to the birds, it is directed as follows:-
(i) We hereby direct the respondents not to cut all the trees at once or in
any random manner, but they should do so only under the supervision and
consultation with at least two ornithologist/bird experts who would advise
them how to cut the trees or prune branches in a phased manner, over a
period of time, because if all the trees are cut at once, it would certainly
cause extreme distress and shock to the birds, from which they may never
recover, however, by adopting a slow and systematic method of cutting trees
and branches, the birds who come to roost may at least try to settle on to
some other trees adjacent to the present site/area, which, even according to
the petitioner, are still not inhabited by the birds.
(ii) It is also directed that the bird experts shall also take into account the
birds’ nest, eggs, or baby birds in the nest on the branches while pruning the
same. At the time of pruning the branches or cutting the trees, the wide life
rescue team shall also be present on the site with nets and medical kits to
help any injured birds or fallen babies.
(iii) It is also directed that the respondents shall also ensure that the same
type of trees is planted in the nearby area also, if the space is available, so
that subsequently, by the time the project comes to completion, the trees
may be available for the birds to roost.
(iv) The respondents are also directed to comply with the undertaking given
by them of planting 2500 trees. A report in this regard may also be submitted
with the Registry of this court, within one year from today. The respondents
are also directed to ensure that the trees so planted are also taken care of in
the subsequent years, and the report of which along with the Google images
be also filed in the Registry of this Court every year in the month of April.
21] Since the intervener Shri Bhalchandra Mondhe, who himself is
a recipient of Padma Shri award, and is a renowned environmentalist, he
may also suggest the names of such bird experts, who can advise the
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PANDEY
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respondent(s) about the method pruning the branches or which branch to
be pruned first so that some breathing time may be allowed to the birds to
relocate to some other nearby trees with minimal distress. Indeed, it
would be a painful process for all the parties concerned, especially the
bird lovers, but this is the best that we can think of under the
circumstances to safeguard the interest of the birds.
22] The respondents are also directed to ensure that a remuneration
of Rs.10,000/- each be paid to the bird experts for the services to be
provided by them.
23] Accordingly, the petition stands dismissed and disposed of with
the aforesaid directions .
(SUBODH ABHYANKAR) (JAI KUMAR PILLAI)
JUDGE JUDGE
Pankaj
Signature Not Verified
Signed by: PANKAJ
PANDEY
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