Directions were given while hearing a petition filed by Colaba resident who complained about violation of noise pollution rules
The Bombay high court (HC) on Friday restrained the Mumbai Metro Rail Corporation Limited (MMRCL) from carrying out any construction or ancillary work for Metro-3 (Colaba-Bandra-Seepz) between 10 pm and 6 am.
A division Bench of Chief Justice Manjula Chellur and Justice NM Jamdar, said, "The MMRCL will not carry out any construction or ancillary work till the next date of hearing." The directions were given while hearing a petition filed by Colaba resident Robin Jaisinghani, who complained about violation of noise pollution rules that prohibit construction work between 10 pm and 6 am. The lawyer also sought compensation of Rs 10,000 for him, his wife and children for the suffering and hardships caused to them by the construction work noise.
The HC also asked advocate Kiran Bhagalia, appearing on behalf of MMRCL, whether the authority received permission from the Coastal Zone Authority for carrying out the construction work at night. Bhagalia said the application was made but permission has not been received yet.
The Bench then said, "If you have not been permitted, then you cannot do the work. The application made does not amount to permission granted." Moreover, the MMRCL is violating conditions subject to which the MCZMA had purportedly granted its recommendation for allowing the construction of the Metro 3 line in CRZ areas.
One of the conditions mentions that the authority will ensure that noise levels are within prescribed limits and no construction should be undertaken during night hours. Noise mufflers and noise silencers on machines should be installed.
Further, it is argued that the prescribed maximum noise levels of 55 decibels during the day and 45 decibels at night time in a residential zone are permissible. However, MMRCL is continuously disregarding the law, and law enforcement agencies are not taking any action on the complaints made by Jaisinghani. Bhagalia argued that noise levels, even without the machinery near the petitioner's residence is between 65 and 70 decibels.
The petition
A petition was filed by Colaba resident Robin Jaisinghani, who complained about violation of noise pollution rules that prohibit construction work between 10 pm and 6 am. The lawyer also sought compensation of Rs 10,000
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