HC upheld the interim order on the noise level coming from Metro-3 construction

The bench said that the order will stay until the Environmental Engineering Research Institute submits a report on the noise level

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The Bombay High Court (HC) has upheld the stay order regarding noise from the construction work on the proposed Cuffe Parade station asking the Mumbai Metro Rail Corporation (MMRC) to find a workable solution so that the Metro-3 work progresses, which has currently stalled.

The court had restrained MMRC in August 2017 from carrying out construction between 10:00 pm and 6:00 am.

Today, we are at such a stage that the work has to progress irrespective of the rights of the parties,'' said a bench of Justice Abhay Oka and Justice Riyaz Chagla during a hearing.

Recently, the MMRC sought modification of this order to carry out round-the-clock tunnel-boring work but the bench said that the interim stay will continue till the Environmental Engineering Research Institute submits a report on the noise being generated in the area.

The Bombay High Court (HC) has upheld the stay order on its decision of stalling the Metro-3 work during the night, said petitioner advocate Robin Jaysinghani. The next hearing will take place on August 10, 2018. The report will be submitted on August 3, 2018, said Jay Singhani, who had filed the petition regarding the noise coming from the Metro work in Cuffe Parade.

The judges said,

We hope and trust that by then the contractor (Larsen and Toubro) changes its approach and makes an attempt o come up with an acceptable solution to minimise the contribution of construction noise of Metro rail.”

The judges added that a balancing act is required so that the rights of individuals under Article 21 (Right to Life) to a pollution free environment are also protected.

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