Metro work should not get exemption from noise norms: Amicus

An amicus curiae today told the Bombay High Court that the Mumbai Metro construction work must not get any relaxation from requirements of the environmental and noise pollution-related laws.

Advocate Zal Andhyarujina, appointed as amicus curiae by the division bench of Justices A S Oka and R I Chagla to assist the court, said he and state Advocate General Ashutosh Kumbhakoni visited the site of Metro III work, and found that noise pollution norms were not being followed strictly.

"The visit to construction sites in and around the Cuffe Parade area revealed that the claims made by the Mumbai Metro Rail Corporation (MMRC) on implementing noise norms do not stand ground. The actual situation is much different," advocate Andhyarujina said.

He also cited a previous high court judgement to argue that the noise pollution norms are applicable to all the infrastructure projects.

Both the Bombay High Court and the Supreme Court have held in the past that noise pollution violates the Right to Life under Article 21 of the Constitution, he said.

"Therefore, the MMRC must not be exempted from provisions of the Environment Protection Act or the Noise Pollution Rules 2000 only because it is the metro work which is in question," he said.

Kumbhakoni, representing the state, had argued yesterday that just as railway work is exempted from the provisions of the Environment Protection Act, the metro work too should get an exemption.

The high court is hearing a plea filed by the MMRC, seeking permission to continue the construction work for Metro III line at night.

In December, following a plea filed by the Cuffe Parade, resident Robin Jainsinghani, who alleged violation of noise pollution norms, the high court restrained the MMRC from carrying out construction work between 10 PM to 6 AM.