Metro III: Two years, 24x7, working during nights is govt’s request to HC

‘SLEEPLESS NIGHTS’ LIKELY FOR SOUTH MUMBAI CITIZENS SINCE L&T, THE CONTRACTOR , HAS MOVED COURT TO WORK FULL NIGHTS

The state government wants to carry out tunnelling work (noise) for Metro III line for the ‘limited’ period of nearly two years, round the clock, which would spell out sleepless night for the residents of South Mumbai. Currently, most of the tunnelling work is restricted to Cuffe Parade, Churchgate and Girgaum.

The government along with the Mumbai Metro Rail Corporation Limited (MMRCL) has sought permission from the Bombay High Court to work during the night hours in Cuffe Parade area of South Mumbai.

A division bench of Justice Abhay Oka and Justice Riyaz Chagla, however, asked the government to place on oath that its work would not breach the Noise Pollution Rules, 2000. The judges have also asked for a data of the noise decibel levels emanating from various sites of Metro III construction in Mumbai.

This comes after Advocate General Ashutosh Kumbhkoni urged the bench to permit the MMRCL to work full night for the nearly two years in South Mumbai. He apprised the bench of the urgency for carrying out the tunnelling work in the region throughout the day and night.

“We have to install the tunnel boring machine, which is huge and requires to be manned 24x7. Once the machine is lowered underground, then it cannot be stopped as it might result in untoward incidents like building collapse. Only the transportation of parts of the machine would cause noise but once it is assembled and lowered underground, no noise would emanate,” AG claimed.

Justice Oka said, “We do understand that this work cannot be stopped now and such work would obviously cause inconvenience to some. But we want to know if your work would breach the Noise Pollution Rules. You satisfy us that your work would not violate the norms and we will consider your prayer.”

“We want you to place on record some material to satisfy us that you will not breach noise pollution norms. If possible, get data of the noise decibel levels emanated while assembling and lowering a tunnel boring machine, at other sites in the city. This would give an idea of the noise which would be caused in South Mumbai,” Justice Oka added.

Meanwhile, Larsen and Turbo (L&T), the contractor, tasked to construct the Metro III line, moved the bench seeking permission to work throughout the night in the entire city.

“We cannot be obstructed in any way from working but the HC order restraining the MMRCL from working during the night has restricted us from carrying out the construction work,” the counsel for L&T told the bench.

The counsel further cited the Metro Rules and said the MMRCL has powers to evict the petitioner – advocate Robin Jaisinghani if he obstructs the work.

Irked over the submission, Justice Oka said, “We want to see how you would evict the petitioner. Please go forward and evict him.”

The L&T counsel later on apologised for his ‘choice of words’ and later on submitted that the MMRCL can grant an alternate accommodation to Jaisinghani if he is aggrieved to the extent that he and his family are spending sleepless nights.

The bench, however, opined that L&T was not a necessary party to the petition and said it would decide on its plea seeking permission to be heard on next Friday. Marathi maanus.