A full bench of the Pretoria High Court on Wednesday dismissed an application by the Muckleneuk/Lukasrand property owners and residents association to stop the Gautrain from running through their area.
The association asked the court to set aside decisions by Gauteng’s conservation department head and MEC authorising the development of the Gautrain in terms of the Environment Conservation Act.
The association claimed neither the departmental head nor the MEC, who rejected their appeal, had the authority to make such a decision, which they said rested with the Minister or Director General of Environmental Affairs.
Residents also claimed former Conservation Department MEC Mary Metcalfe was biased and did not approach the decision on their appeal with an open mind.
Residents wanted to stop either the whole development of the project, or alternatively the Muckleneuk alignment or the section between Eeufees Road and Hatfield station, pending the finalisation of their appeal.
Residents said they were not against the Gautrain, but said they would prefer a tunnel or another route.
Gautrain developers have dismissed the tunnel idea because of the high water table in the area.
Residents felt the proposed main station for the Gautrain in Pretoria would not offer a real solution for congestion on the N1, as people would have to travel far to reach the station in an already congested area, which would in turn create even more congestion.
The department and developers said the application was premature because the route had not yet been ”cast in stone”. – Sapa