VJTI team to provide expert opinion on impact of Metro work on 2 Parsi temples

An affidavit, filed by Shantaram Dalvi, deputy general manager, MMRCL, said that even a day’s delay in the execution of the construction would cost public exchequer Rs 4.2 crore. (Express Photo by Pradeep Kocharekar)

The Bombay High Court on Tuesday suggested the appointment of a team from Veermata Jijabai Technological Institute (VJTI) as experts to give opinion on possible damage that could be caused to two Parsi temples due to ongoing construction work of Metro 3 corridor.

The court was hearing a petition filed by five members of the Zoroastrian community against the construction of the underground Colaba-Bandra-SEEEPZ Metro 3 corridor under two Atash Behrams — sacred fire temples. In their petition, they said that in modern times, it is virtually impossible to consecrate a fire temple of the highest degree, which is an Atash Behram, and so its rarity has to be preserved.

Arguing for Mumbai Metro Rail Corporation Limited (MMRCL), senior counsel Shrihari Aney told the court that following the apprehensions of the Parsi community, it had altered the alignment of such tunnelling work by around 3.5 metres to ensure no damage was caused to the temples or the wells.

Senior counsel Navroz Seervai, appearing for petitioners, argued that there were only eight Atash Behrams in India and the last one — Zarthosti Anjuman Atash Behram — was consecrated over 122 years ago. He told the court that the community, as minuscule and small as it may be, is unanimous on this issue.

Seervai argued that a MMRCL report says the structural health of the temple is not satisfactory and it may collapse any time. “If an ordinary building collapses, it can be rebuilt… but this structure cannot be rebuilt. The loss will be irreparable,” said Seervai.

A division bench of Justice A S Oka and Justice R I Chagla said: “Is it possible to take an expert review…saying that no damage is caused to the two Atash Behram?”. The court said an institute like IIT Bombay could give an expert review. To which Seervai said institutes like IIT, VJTI or Urban Design Research Institute (UDRI), could be engaged as an expert team. The court asked MMRCL counsel to ask the institutes if they were ready to take up the matter. After half an hour, MMRCL counsel informed the court that VJTI agreed to submit the report at the earliest.

Aney, arguing for the MMRCL, told the court that they have the best experts on field who have worked on Delhi Metro and all over the world. The bench said, “How do we decide this matter, only on your assurance? Today, after going through the matter, there is just assurance and nothing.” The bench said the exercise of taking expert opinion will “help the court come to some conclusion”.

The bench said: “…suppose anything happens to the structure, it is difficult to rebuild it.” Aney told the court: “We are trying to rejuvenate the dead city by building the Metro.” He added that the Metro, which starts at Cuffe Parade and ends near Borivali, goes under many buildings in the city and all the precautions are taken by the MMRCL.

The petitioners have also informed the court that not only the tunnelling work but the running of the train and construction of Kalbadevi station for Metro could also affect the structure.

An affidavit, filed by Shantaram Dalvi, deputy general manager, MMRCL, said that even a day’s delay in the execution of the construction would cost public exchequer Rs 4.2 crore. The affidavit states: “The nearest well within the Anjuman Atash Behram is 15 ft away from the nearest point of the tunnel and that of Wadiaji Atash Behra is 42 ft away.”