HC to MMRCL: Come up with workable solution for Metro III

The Bombay High Court on Friday asked the Mumbai Metro Rail Corporation Limited (MMRCL) to come up with a ‘workable solution’ so that the construction work of its controversial Metro III line, goes on without any hurdles. The HC has also asked the authority to set up a ‘grievance redressal mechanism’ to enable citizens to lodge their complaints against the Metro III work.

A division bench of Justices Abhay Oka and Riyaz Chagla passed an interim order on Friday, restraining the MMRCL from carrying out any kind of work during night hours in South Mumbai. This order, however, would be operational only until August 10, when the bench would hear the matter after perusing the report reflecting the ambient noise levels of South Mumbai region and pass further orders.

Justice Oka said, “It is true at this stage we are passing an interim order but we clarify that some balancing act has to be arrived at so that the public at large does not suffer and at the same time the fundamental rights of the citizens are not disturbed.”

The bench further said, “Till the time we get the report, the MMRCL will not conduct any work during night time. Further, we clarify that we propose to arrive at a workable situation so that the work of Metro III line progresses in a satisfactory manner.”

“We hope and trust that by the time we decide the matter further, the MMRCL and the contractor would change their approach towards this issue. We hope they would come up with a workable solution so that there is minimum contribution of noise by Metro work to the existing levels in Mumbai,” Justice Oka said.

The bench took into account the ‘assurance’ of Advocate General Ashutosh Kumbhakoni regarding the setting up of some mechanism enabling citizens to lodge their complaints.

“We hope the MMRCL and the government sets up a mechanism for the citizens to voice their grievances against the Metro III work. We accordingly direct the MMRCL to ensure the grievance redressal mechanism is established as early as possible, since this will enhance the existing situation, wherein citizens are compelled to move this court for every grievance against the work,” Justice Oka remarked.

The bench accordingly posted the matter for further hearing on August 10, when it is likely to pass another order after going through the report of the Maharashtra Pollution Control Board (MPCB). The MPCB has been asked to submit a report after recording the ambient noise levels of South Mumbai region for over a week, so that an average of the existing levels, can be arrived at.

This comes after the contractor – Larsen and Toubro (L&T) assured the bench that the Metro III work would emit noise only 10 decibel levels more than the existing noise levels in the region.