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Bombay High Court raps MMRCL

The committee comprises a structural engineer from IIT, one member nominated by J N Petit Institute and another by MMRCL.

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Pulling up the Mumbai Metro Rail Corporation Limited (MMRCL) for its indifference to the concerns of building owners, the High Court on Thursday asked, "What is the unreasonableness if building owners want to safeguard their structures, which are being damaged due to vibrations caused by the construction of Metro-3 line work in the Fort area?

A division bench of Chief Justice Manjulla Chellur and Justice N M Jamadar made this observation while hearing a petition filed by J N Petit Institute against the Metro-3 tunneling work at the proposed Hutatma Chowk station, citing it was damaging old buildings. The court has stayed construction activity around the institute until next week.

It has also asked the MMRCL to file an affidavit by October 10, explaining how they plan to implement the recommendation suggested by a three-member committee of structural engineers formed to survey the structure and submit a report.

The committee comprises a structural engineer from IIT, one member nominated by J N Petit Institute and another by MMRCL.

In its recommendations, the committee has suggested, "Vulnerable elements of buildings, such as finials located above the roof and certain cantilever projections (balconies), need to be provided with additional support as a pre-emptive measure prior to construction activities."

Counsel for MMRCL, Kiran Bhagalia, contended that the measures suggested would be implemented at the time of construction. To this, the bench said, "The report suggests before the beginning of the construction activity, does it not mean now. If not, then when? After the building falls who will be responsible?"

The court also remarked that MMRCL has "the 'I' attitude. I want this, I want that."

Two trustees of J N Petit Institute had moved the court after a heavy limestone finial adorning a portion of the JN Petit building's ceiling had fallen down on August 25 due to constant vibrations from the ongoing tunneling work for the Metro.

The metro-3 line between Colaba and SEEPZ has been in the news for many reasons, be it cutting of trees to make way for underground stations, violation of noise pollution rules by carrying out work during night hours, or not providing adequate space for movement of emergency vehicles. Citizens have been approaching the High Court with these grievances.

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