Safiya Malik

The High Court of Kerala Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji held that the Kochi Metropolitan Transport Authority must be made functional in accordance with the Kerala Metropolitan Transport Authority Act, 2019. The Court directed the State Government and the Chief Executive Officer of the Authority to take all steps necessary to operationalise the Authority by 1 November 2025, including ensuring adequate staff, infrastructure, and constitution of the Urban Transport Fund, and initiating statutory functions such as the preparation of a Comprehensive Mobility Plan.

The Kerala State Legislature enacted the Kerala Metropolitan Transport Authority Act, 2019, which was notified on 18 December 2019. The legislation empowered the State Government to establish Metropolitan Transport Authorities for Urban Mobility Areas in Thiruvananthapuram, Kochi, and Kozhikode. The Authority was envisaged as a body corporate with powers to enter into contracts, hold properties, and regulate urban transport. Section 3 of the Act empowered the Government to constitute the Authority, headed by the Minister for Transport as Chairperson and the Secretary of the Transport Department as Vice-Chairperson. Section 12 delineated the duties and powers of the Authority, including the preparation of a Comprehensive Mobility Plan, Transport Investment Programme, and the regulation of transport facilities, systems, and environmental standards.

Also Read: Kerala High Court | Angamaly Co-op Scam | Bail Granted To Two Elderly Accused In ₹115.8 Crore Fake Loan Misappropriation Case

The Government of Kerala issued a notification constituting the Kochi Metropolitan Transport Authority (KMTA) on 30 October 2020, effective from 1 November 2020. However, the petitioners contended that the Authority remained non-functional. Despite statutory mandates requiring quarterly meetings under Section 9, the KMTA had not convened a single meeting. Representations by the petitioners to the Chief Secretary and grievances filed with the Chief Minister’s Public Grievance Redressal website did not yield results. Notices issued to the KMTA in the proceedings were returned with remarks that no such entity existed at the stated address, confirming its non-functionality.

The petitioners argued that failure to operationalise the Authority defeated the legislative purpose of sustainable urban transport. They stated issues in Kochi, including inadequate parking, poor connectivity, lack of systematic transportation planning, and fare regulation. The respondents, including the Transport Department, acknowledged that the Authority was constituted but claimed that staff appointments and fund utilisation were delayed. A counter affidavit by the Special Secretary to the Transport Department stated that although the CEO requested staff on 17 November 2020, only two employees were deputed on a contractual basis from Kochi Metro Rail Limited. The affidavit further admitted that an allocation of Rs. 17,40,000 in 2023 could not be utilised due to staff non-joining and lack of functioning office infrastructure. A proposal for the year 2025–2026 estimated a requirement of Rs. 5 crores, but only token allocations were made due to non-submission of plans on time.

On 15 July 2025, a meeting chaired by the Special Secretary of the Transport Department discussed rejuvenating KMTA. The minutes recorded that the Authority had no office space, dedicated staff, or functioning systems. The CEO requested office space of 1000 square feet, appointment of two Urban Transport Planners, two office staff, and an MBA holder, as well as office equipment and a website. The Managing Director of Kochi Metro Rail Limited reiterated the importance of reviving the Authority and offered subsidised office space in metro stations. The meeting resolved to direct the CEO to submit detailed proposals for office space, staff, and infrastructure, which would be taken up with the Finance Department for funding.

Despite these steps, the Authority remained defunct with no Comprehensive Mobility Plan, Transport Investment Programme, or Urban Transport Fund in place. The Court noted that reports and annual statements required under Sections 25 and 26 of the Act had not been prepared, and the statutory objective of creating a sustainable and planned urban transport system had been nullified.

Chief Justice Nitin Jamdar, delivering the judgment, recorded: “Six years ago, in 2019, the Kerala State Legislature found it expedient to provide for the constitution of the Metropolitan Transport Authority for the development of urban transport in the Urban Mobility Areas of the State of Kerala. Yet, till date, the Metropolitan Transport Authority for Kochi City remains only on paper.” The Court observed that the non-functioning of the Authority had led to difficulties for commuters in Kochi due to underdeveloped infrastructure and lack of systematic planning.

The Court stated: “The Government of Kerala has issued a notification constituting the KMTA for Kochi City. Yet this Legislative intent of establishing planned and sustainable urban transport in Kochi is being nullified by keeping this authority KMTA only on paper for the last more than five years.” It further recorded: “The issues pointed out by the Petitioners require a specialised body to find solutions. There cannot be any doubt that considering the functions of the Authority, it is essential in any city, such as Kochi, to have a robust public transportation system to have a functional and active Metropolitan Transport Authority.”

The Bench noted that despite financial allocations, the Authority lacked basic infrastructure. It observed: “Thus, even as of 15 July 2025, the position in KMTA is that an amount of Rs. 17,40,000 could not be utilised, and the contract staff had not joined. The KMTA has no dedicated office space, no funds, no staff, no furniture computers, etc. This is indeed a sorry state of affairs of an authority whose functions are to provide the residents of Kochi city a planned and systematic public transport.”

The Court stressed the benefits of a functional authority, recording: “The interventions by this Authority could be reduction in traffic congestion and carbon emissions, better integration of bus, metro, ferry and pedestrian systems, rationalisation of public transport fares and services, uniform fares for public transport, streamlined parking policies and increased access to last-mile connectivity, enhanced liveability and accessibility for residents and tourists, economic growth via infrastructure investment and urban renewal.”

It noted: “By creating a Metropolitan Transport Authority for Kochi City but letting it remain on paper, the object of providing a sustainable and planned urban transport system for the residents of Kochi City is being nullified.” The Court held that the State Government had to prioritise the functioning of the Authority and directed it to be operational by 1 November 2025.

The Court articulated specific directions for time-bound operationalisation of the statutory Authority. It recorded that the Chief Executive Officer must submit a detailed proposal to the State Government covering infrastructural requirements and staffing, and that the State Government and the Chief Executive Officer must take all steps to make the Authority functional by the stipulated date. The Court also mandated the constitution and funding of the Urban Transport Fund and initiation of statutory planning functions upon the Authority becoming functional.

“The Chief Executive Officer of Kochi Metropolitan Transport Authority – KMTA will submit a proposal to the State Government with full particulars as regards the infrastructural requirement, including office space, movables, and adequate staff members, both on permanent basis and as ad hoc arrangement till a final arrangement is put in place.”

“The Respondents – State and the Chief Executive officer of KMTA will take all the steps necessary to make the KMTA functional by 1 November 2025.”

“The KMTA and the State Government will take necessary steps to constitute the Urban Transport Fund in accordance with Section 18 of the Act of 2019, and upon its constitution, to transfer the amount in terms of Section 18(2) of the Act of 2019.”

“The KMTA, upon being made functional as above, will initiate the process of preparation of a Comprehensive Mobility Plan for Urban Mobility Area as per Section 13 of the Act of 2019.”

The Court further detailed the statutory functions to be undertaken upon operationalisation and required the Authority to commence them in accordance with the Act of 2019. The judgment reproduces these functional mandates, which include the following:

• Preparation of a Transport Investment Programme.

• Planning for finance mobilization, construction and operation relating to urban transport and the Urban Transport Ancillary Services.

• Development and management of integrated or stand-alone transport network facilities to aid and enhance the efficiency of urban transport for the user.

• Creation and management of a Common Command and Control Centre for integration, co-ordination and management of urban transport.

• Development, issuance and publication of standards, and guidelines relating to the development and operation of urban transport facilities.

• Development and issuance of performance indicators for urban transport services within the territorial jurisdiction of the Authority.

Also Read: Supreme Court Clarifies GST Jurisdiction | Central Authority Can Issue Summons As “Not Initiation Of Proceedings” Under S.6(2)(b) CGST Act

• Development and enforcement of technical and performance standards on all strategic and operational matters that have a direct effect on the level of service provided to the users of urban transport.

• Development of protocols to give directions to the authorities concerned to take necessary steps for the regulation and enforcement of environmental standards related or incidental to urban transport or the Urban Transport Ancillary Services.

• Setting up and operation of an operation control centre, a web-based user information system and a helpline to provide integrated information to the users of urban transport and to collect demands, complaints and suggestions of passengers.

• Setting up and operation of a smart card-based ticketing system for payment of user charges for use of the urban transport and Urban Transport Ancillary Services in consultation with the authorities concerned.

• Setting up and operation of technology-based solutions for traffic management, transport planning, design of transport systems and selection of mode of transport in consultation with the authorities concerned.

• Development of protocols for detection and reporting of traffic offences to the authorities concerned and to recommend action with the help of the Intelligent Transport System to be established by the Authority.

• Development of protocols for collection of information on urban transportation within the Urban Mobility Area and to provide the same to the Government agencies concerned or other agencies approved by the Authority.

• Taking steps for publication and display of information for the users of urban transport to promote consumer awareness of the integrated urban transport system.

• Development of protocols for promoting skill advancement of persons engaged in the operation and maintenance of urban transport through education, training and research.

• Such other functions specified under the statute.

The responsibility for ensuring compliance with the timeline was expressly assigned. “We place the responsibility on the Secretary of the Transport Department of the State of Kerala to ensure that the State Government makes the KMTA functional by 1 November 2025 to commences its statutory functions.”

Advocates Representing the Parties:

For the Petitioners: Shri. Viswanath Salish, Smt. Sandra Paul, Smt. Nidha Sherin, Shri. Akash Jitthu T.

For the Respondents: Shri. C. Dinesh, Central Government Counsel; Shri. Arjun; Shri. V. Manu, Special Government Pleader to the Advocate General; Shri. V. Tekchand, Senior Government Pleader.

Case Title: Adv Richard Rajesh Kumar & Anr v. Union of India & Ors

Neutral Citation: 2025: KER:62247

Case Number: W. P. (C) No. 10082 of 2025

Bench: Chief Justice Nitin Jamdar, Justice Basant Balaji