Balance rights, public interest: Bombay High Court on Metro 3

The Bombay High Court has indicated that a fine balance will have to be struck between larger public interest and fundamental rights of citizens, as far as construction of Metro 3 railway corridor in South Mumbai goes.

The court on Wednesday indicated that it would pass an order stating that the Environment Act and Noise Pollution Rules do apply to Metro 3 work, but a balance will have to be drawn between completing the public utility and citizens' rights to live in a pollution-free environment.

A division bench of Justices Abhay Oka and Riyaz Chagla started dictating its order, which will continue on Thursday, on a plea filed by Metro executing agency MMRCL seeking permission to carry out round-the-clock work for 18 months in South Mumbai to complete the tunnelling work for the underground rail line between Cuffe Parade and Seepz.

The bench said that until night-time noise level readings taken from Cuffe Parade are received by the Maharashtra Pollution Control Board, MMRCL cannot carry out the work at night.