The Tokyo District Court on Thursday backed claims by residents in western Tokyo that the expropriation of their land for the construction of a new expressway was illegal, ruling that the project will not generate the public benefits touted by the government.

The ruling itself does not carry the power to return the land to the residents, who will thus need to take additional legal steps.

Chief Cabinet Secretary Yasuo Fukuda indicated the government will consider whether to appeal after examining the ruling.

In a ruling on administrative suits filed in 2000 and 2002 by two groups of residents in Akiruno, western Tokyo, and their supporters, the court determined that both the approval of the expressway's construction by the relevant minister in 2000, along with a decision by the Tokyo Metropolitan Government to expropriate the residents' land, were illegal.

Presiding Judge Masayuki Fujiyama said the expressway will not fulfill the promises made by the government, such as alleviating traffic congestion in the metropolitan area.

One residents' group comprising 101 people sued the construction minister, demanding that the project's approval be canceled.

Another, comprising 80 residents, sued the Tokyo Metropolitan Government's Expropriation Commission, demanding a halt in the expropriation of land.

The two groups had been represented by Bunta Nakamura of Akiruno until his death in January at age 81.

The plaintiffs are now represented by his wife, Hisayo, who still lives on the planned site of an expressway interchange.

The Kenoudo Expressway, whose construction plan was unveiled in 1984, is a loop road that would form a virtually circular route around the greater Tokyo area -- through Saitama, Ibaraki, Chiba, Kanagawa prefectures, and western Tokyo suburbs, including Akiruno and Hachioji.

Once completed, the expressway will stretch for about 300 km and provide a route for motorists who want to bypass Tokyo.

But opposition from local residents toward the specter of being evicted from their land has delayed construction. Thus far, only a 28.5-km portion between Tokyo's Hinode Interchange and Tsurugashima Junction, as well as a 1.5-km stretch in Tsukuba, Ibaraki Prefecture, have been opened.

The authorities, pressed to move the project forward, moved to apply a law on land expropriation that allows the state to forcibly expropriate privately held land for use in construction projects that benefit the public interest.

In 2000, the then Construction Ministry announced the expropriation of the land, arguing that the "public interest of building a loop road outweighs the lost benefit of the residents."

Authorities also claimed the expressway would generate 30 billion yen in yearly economic benefits due to the linkage of core suburbs.

The metro government has since acted on behalf of the ministry and Japan Highway Public Corp. to expropriate the land for the project.

The plaintiffs have questioned the legitimacy of this move. They have also questioned why an interchange in Akiruno was necessary when another interchange, at Hinode, was planned just 1.9 km away.

They also claimed the project would seriously hamper the region's natural and cultural heritage, including the habitats of rare animals such as hawks.

The ruling by judge Fujiyama, read out by a proxy, said the construction of the road, which would result in noise that would surpass a bearable level for residents, would be considered illegal.

It went on to say that the construction would cause a considerable amount of air pollution due to an increase in vehicle traffic in the area.

The judge also noted that the authorities' claim that the expressway would alleviate traffic jams in the metropolis was a case of wishful thinking with no solid data to back it up.

Though Thursday's ruling may represent a victory for the residents, it is still early for them to rejoice.

In a similar court case in October 2003, judge Fujiyama ruled that the authorities should halt their forcible expropriation of land belonging to six Akiruno landowners, until a judgment was handed down on Thursday's cases.

But after a government appeal, the Tokyo High Court reversed the district court decision two months later.

In a regular news conference, Fukuda called the district court ruling "regrettable," stating that local governments and many other local residents in the greater Tokyo area have long called for the early construction of the expressway.

"(The road) would improve the environment of the (Tokyo) metropolitan area and ease traffic jams there. It's important," Fukuda claimed.

"We'd like to decide how we will handle (the suit) after thoroughly examining the ruling."

Also, in the course of the years, all of the land in question in Akiruno has already been either sold or expropriated, except for Nakamura's, where his wife and daughter still live.

And even the Nakamuras are scheduled to vacate the house next month in the face of imminent expropriation of their land.

The judge pointed out in the ruling that a new judicial system is necessary to ensure that the legitimacy of government construction plans can be examined by courts in advance.

In a news conference following the decision, the plaintiffs praised the ruling but voiced resentment toward the authorities and the system that paved way for the expropriation of their property.

Chikako Sakamoto, whose house was forcibly condemned and has already been demolished, said the current system, under which authorities can take forcible steps before waiting for a court decision, is deficient.

"We have been evicted from our own house by force. These people think that once they've done it, it's a done deal," she said, adding she regrets that she can never go back to her home, where she lived with her family for 26 years.