Bombay High Court warns MMRCL: ‘Will stop Metro work if orders not obeyed’

The court had earlier passed orders restraining the MMRCL from carrying out construction between 10 pm and 6 am everyday. (File/Photo)

The Bombay High Court Thursday warned the Mumbai Metro Rail Corporation Limited (MMRCL) that if it breached restrictions imposed by the court on construction activity at night, it will not hesitate in stopping the entire Metro III line construction work.

A bench of Chief Justice Manjula Chellur and Justice M S Sonak was hearing a public interest litigation filed by advocate Robin Jaisinghani, opposing the project on several grounds such as the excessive noise caused due to Metro work disturbing the residents of Cuffe Parade, besides another petition relating to possible fire hazards due to the barricades put up in and around the area.

The court had earlier passed orders restraining the MMRCL from carrying out construction between 10 pm and 6 am everyday. On Thursday, the court was, however, informed by the petitioner and amicus curiae (Friend of Court) advocate Zal Andhyarujina that despite the court having passed an order in August this year prohibiting any construction or ancillary work on the Metro III line between 10 pm and 6 am, some construction activity was still being carried out at night.

“Till now, we have been polite with you (MMRCL) but do not compel us to pass stringent orders. If the need arises, we can pass orders stopping all Metro construction work,” the bench said. “We can’t help you if you don’t follow the rules. If your officers breach our orders, serious consequences will follow, and they will have to go behind the bars,” CJ Chellur said.

The petitioner said video-recordings of such work continuing at night had been made and the same could be submitted before the court.

The MMRCL, meanwhile, said it will issue directions to all officers concerned to refrain from continuing any work during the prohibited hours. The bench has now directed MMRCL to place on record the names of all such officers who were in charge of the construction work and were knowingly flouting the court’s orders. “One can still understand if a common man, who is ignorant of the law, unknowingly flouts the court’s orders. However, these are responsible officers who are aware of the law and also of the consequences of breaching a court’s orders. They cannot be shown any leniency,” the bench said. “Place their names on record and let them explain why they are insistent on carrying out construction activity at night,” it said.