A division bench of Chief Justice Manjula Chellur and Justice NM Jamdar also refused permission to MMRCL for allowing it to use heavy vehicles for transportation of construction material during the night
The Bombay High court on Tuesday extended the ban on any work being carried out between 10 pm to 6 am on the Metro-3 line between Colaba and SEEPZ by two weeks.
A division bench of Chief Justice Manjula Chellur and Justice NM Jamdar also refused permission to Mumbai Metro Rail Corporation Limited (MMRCL) for allowing it to use heavy vehicles for transportation of construction material during the night. It said, "We cannot pass a blanket order granting you permission. If we do, others will also come to court seeking the same relief."
MMRCL, through its advocate Kiran Bhagalia, had sought permission for use of transport vehicles in the night claiming that its work was being affected as the traffic police had banned entry of heavy vehicles in the city until midnight.
The permission was sought while hearing a petition filed by a south Mumbai resident Robin Jaisinghani, who has sought the stay of work during night time as it violates noise pollution norms.
In response to the petition, MMRCL has filed an affidavit saying that noise pollution rules do not apply to them as rules framed under the Environment Protection Act are general in nature, while the Metro Act is a special statute and will prevail over a general enactment.
The bench, after hearing the opposition raised by Jaisinghani to the MMRCL request said, "Early in the morning the people employed by you (MMRCL) begin screaming, shouting to each other, playing loud music on their phones. Why don't you ask your contractors to employ someone to supervise the labourers and control their noise?" The court has adjourned the hearing by two weeks.
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