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Tired of noisy and night time work by MMRCL, Colaba resident moves HC

The petitioner also wants MMRCL to pay compensation of Rs 10,000 per day for hardships caused by the construction activity

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Construction work of the Metro during the night
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A Colaba resident has moved the Bombay High Court seeking directions to the Mumbai Metro Rail Corporation Limited (MMRCL), which is constructing Metro Line 3, to follow noise pollution control rules and not to carry out work during night time. Further, he has asked MMRCL to compensate him by paying Rs 10,000 per day since February for causing him to suffer hardship due to the construction activity.

Robin Jaisinghani, who stays at Hassa Mahal in Colaba, mentioned his petition before a bench of Chief Justice Manjula Chellur and Justice NM Jamdar, which has posted it for further hearing on Friday.

As per the petitioner, the authority has been violating noise rules and authorities have not taken any action on the several complaints made by him. Moreover, MMRCL is violating conditions subject to which the Maharashtra Coastal Zone Management Authority (MCZMA) had purportedly granted its recommendation for allowing construction of the Metro 3 line in Coastal Regulation Zone (CRZ) areas. One of the conditions stated that the authority will ensure that noise levels are within prescribed limits and no construction activity should be undertaken during night hours. It also added that machines should be installed with noise mufflers and silencers.

The plea states noise pollution control rules, prescribes maximum noise levels of 55 decibels during the day and 45 decibels at night time in a residential zone. However, MMRCL is continuously disregarding the law, and law enforcement agencies are not taking any action on the complaints made by him. The petitioner said he was thus left with no other alternative and is constrained to approach the court.

The plea prays that directions be issued to the contractor appointed by the authority or its employees from carrying out any construction activity at Cuffe Parade. Pending final hearing of the plea the construction should be stopped in the event it is found that noise levels exceed permissible limits, and ensure the noise levels as prescribed are maintained.

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