Bombay HC allows Metro 3 work at night, but with conditions
Asks MMRCL to minimise noise pollution as per NEERI suggestions.
Mumbai: The Bombay high court on Friday allowed Mumbai Metro Rail Corporation Limited (MMRCL) to carry out Metro-3 work during the night. The high court had stayed the work at night after residents of Cuffe Parade had challenged the night work on the ground that it disturbs sleep.
However, a division bench of acting Chief Justice N.H. Patil and G.S. Kulkarni, asked MMRCL and the contractor, Larsen and Toubro, to implement recommendations made by the National Environmental Engineering Research Institute (NEERI) on minimising noise pollution. NEERI had suggested in its report that sound barriers should be erected at construction sites and if possible, less noisy work should be done during night.
While allowing the Metro work at night, the bench directed the state government that it should immediately create a grievance redressal mechanism so that aggrieved residents can register complaints if any noise violations occurred.
“The MMRCL and the contractor shall duly implement the recommendations submitted by NEERI in its report. Apart from this, the MMRCL shall also immediately set up a grievance redressal mechanism to allow people to complain if there is any violation of noise pollution rules,” the court said.
Last year in December, the HC had restricted MMRCL from carrying out any construction work at night. In August 2017, while hearing a petition filed by Robbin Jaisinghani, a Cuffe Parade resident, the HC had banned construction activity of Metro 3 from 10 pm to 6am. But the MMRCL moved court in December 2017, to lift the ban. The court had then noted that the Metro project is important for Mumbaikars, hence a balancing act needs to be maintained so that the larger public interest does not suffer and the rights of individual too are protected. It had then asked NEERI to conduct a survey and place a report before it.
The report also said that while this construction noise may not pose a serious health risk to the people, it could affect the quality of their life.