A two-member judicial committee today refused to pass any order allowing the Mumbai Metro Rail Corporation (MMRC) to carry out construction work round the clock at the Cuffe Parade in south Mumbai as part of the Metro line III project.
The committee, comprising Justices S M Kemkar and B R Gavai, today said the MMRC could approach the regular court seeking permission.
The high court had, in December last, restricted the MMRC from carrying out any construction work in the night as it was creating noise pollution and causing hassles to the local residents.
The high court had then set up the committee to hear matters pertaining to noise pollution created due to the ongoing construction work of the Metro III Colaba Seepz line.
The MMRC had filed an application yesterday before the committee seeking permission to carry out work round the clock at the Cuffe Parade to launch a tunnel boring machine.
The firm had contended that the same could be done only during the night time when traffic was minimal.
The committee had yesterday asked the MMRC and petitioner Robin Jaisinghani, on whose petition the HC had restricted the MMRC from doing any work in the night-time, and amicus curie (appointed to assist the court) Zal Andhyarujina to try and work out an amicable solution.
"In spite of our efforts, the parties were unable to arrive at an amicable solution. Hence, it would be appropriate if the MMRC files the application before the regular bench of HC," the committee said in its order.
The committee, however, opined that the parties should accommodate themselves.
"Our anxiety is about the project (metro). It should not be stalled. It is an important project for the city," Justice Gavai said.
The 33-kilometre Colaba-Bandra-SEEPZMetroline III project, will connect CuffeParadein south Mumbai to the Seepz industrial area and the airport in the city's Andheri area.
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